Hypotheticals & Articles

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 30 October 2020. It is a scorching hot day in Coffs Harbour and according to May, summer has come early! May decides to get some respite from the heat at a local café with one of her friends. She orders her favourite drink which is brought out in its original opaque dark glass bottle with a small separate glass of ice on the side. She quickly fills the glass, leaving only a little in the bottle and, being parched from the heat, guzzles the entire glass in one go. She pours the remainder [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 23 October 2020. Jack has been told that he needs a Power of Attorney. He consults a solicitor and asks the following questions. Is a Power of Attorney a part of my will? No, a Power of Attorney is a separate document. Your will comes into effect upon your death. A Power of Attorney can only be used during your lifetime, normally only if you lose capacity, and has no effect after you pass-away. Can a Power of Attorney be used to make medical decisions on my behalf? No, a Power of Attorney [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 16 October 2020. Jane was shopping at her local supermarket when she suddenly saw her ex-boyfriend, Tom standing at the opposite end of the aisle. Overwhelmed with emotion, she swiftly turned around and ran in the opposite direction. Unfortunately for Jane, she tripped on a protruding floor tile mid-stride and fell face-first onto the floor. Jane lost consciousness for a short period before opening her eyes, only to find her ex-boyfriend’s face hovering above her as he attempted to help her off the floor. As a result of the incident, Jane sustained a [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 9 October 2020. Peter and his wife Diane, separate after a 30-year marriage. Two years later, Peter moves in with his girlfriend, Jenny. Peter unfortunately passes-away unexpectedly at the age of 55. When Peter passes, he is still legally married to Diane and they had not formally divided their assets by way of a property settlement. At Peter’s death, he has three children to Diane who are in their 20s. Peter does not leave a will. Peter’s whole estate stands to pass “on intestacy” to Diane on the basis that she is his [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 2 October 2020. Anthony owns a considerably large rural property. He and his three sons operate a family farming business on the property, which is leased from Anthony. The farming business operates successfully for 10 years until Anthony’s relationship with his sons breaks-down after a heated confrontation. He tells them that he is going to sell the property, terminate the lease and disinherit them. The sons commence action in the Supreme Court. The sons claim the benefit of a “proprietary estoppel”, meaning that Anthony should be prevented from changing his mind, given that [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 25 September 2020. Robert owns a two-storey home, worth $1 million but it is subject to a mortgage of $850,000. Robert’s daughter, Wendy wants to move into the property and they come to an arrangement whereby the property is transferred into Wendy’s name on the basis that she pays-out the mortgage. They retain a conveyancer and after Wendy obtains finance approval, the property is transferred. Robert does not obtain legal advice. Wendy, her partner and her two young children move into the top storey of the property and Robert occupies the lower level. [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 18 September 2020. After his father passes-away, Peter discovers that he has been left-out of the will. Peter wants to make a claim against the estate and when he hears that his sister is going to obtain a grant of probate, as the executor named in the will, Peter makes an urgent appointment with a solicitor, with a view to lodging a Will Caveat. A Will Caveat, prevents a grant of probate being made. The grounds upon which a grant of probate can be challenged, include circumstances where there is a later will, [...]