Hypotheticals & Articles

Article by Manny Wood published in the Coffs Coast News Of The Area on 25 July 2025. Alan appoints his three children, Jim, Robert and Mary as his attorneys under a validly executed enduring power of attorney. Alan’s children are appointed “jointly and severally”, so that either one of them can use their power as Alan’s attorney without the consent of the others. Several years later, at 90 years of age, Alan is admitted into a nursing home. Mary’s relationship with her long-term husband breaks down and needing funds to purchase her husband’s share of the matrimonial home, she sells two large parcels of shares in Alan’s [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 18 July 2025. Elena, a woman in her early 50s living in Athens, had been in a five-year relationship with Thomas, a married Australian businessman. While Thomas continued to live with his wife Margaret in Sydney, he would travel regularly to Greece, where he and Elena spent extended periods of time together. Over the course of the relationship, Thomas transferred more than 200,000 euros to Elena. Elena claimed that Thomas had also promised to assist her in purchasing and renovating an apartment to live in and use for a future beauty salon. Relying [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 11 July 2025. Marvin had been estranged from his family for several years and is now serving a lengthy prison sentence for a serious criminal offence. As a former legal officer in a national security agency, he was charged with leaking classified information. Following the death of his mother, Hilary, in 2023, her Will appointed her daughter, Emily, as executor and left the entirety of her estate including the family home, savings, and personal belongings to Emily. Marvin was not mentioned in the Will. Several months after probate was granted, Emily received correspondence [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 4 July 2025. William passes-away, leaving $300,000 to his grandson, Peter. Peter is 15 years old and the terms of the will stipulate that he does not receive his inheritance until he turns 21. William appoints his best friends as his executors, who are responsible to hold Peter’s inheritance in trust until he attains the “preservation age”. The executors do not wish to be involved in a long-standing trust, so they decide to appoint Peter’s father as the replacement trustee. A solicitor drafts a Deed, formalising their retirement and the appointment of the [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 27 June 2025. Betty has two sons, Matthew and Daniel. She makes a will and sadly passes-away just a few days’ later. The will appoints Matthew as the executor. Daniel receives a lump sum legacy of $300,000 and Matthew receives the rest of the estate. When Daniel discovers that the estate is worth $3.5 million, he obtains legal advice. Within the limitation period of 12 months after the date of Betty’s death, Daniel files a Summons in the Supreme Court, seeking an order that he receive additional provision from Betty’s estate. The parties [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 20 June 2025. Siblings, William and Ken became the registered proprietors of their late mother’s home when she passed-away 15 years ago. They have both been living in the home since. Unfortunately, whilst in their 70’s, an incident occurs whereby Ken assaults William with a baseball bat, causing him bodily harm. He is charged and enters into a good behaviour bond for 12 months. William nonetheless vacates the property, too fearful to continue co-habitation with his brother. William wants the property to be sold and after obtaining legal advice, commences proceedings against Ken [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 13 June 2025. Anne is superstitious about making a will. She resides in a nursing home and has a modest bank account. She considers that her assets are not of sufficient value to warrant the making of a will. When Anne passes-away, a bond is refundable from the nursing home and with her bank account, her assets total $100,000. Anne left no spouse or children and her parents had passed-away many years ago. In these circumstances where there is no will, Anne’s assets are dealt with “on intestacy” and pass to her five [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 6 June 2025. Peter Smith’s health had been failing over the past few months and after paramedics are called due to complications regarding his blood sugar levels, he composes a “Note” on his smartphone, entitled “Last Will of Peter Smith”. The document appoints his friend, Ben as his executor and leaves him the bulk of his estate. The document also details smaller gifts to other friends and family members. Unfortunately, Peter passes-away one week later, leaving an estate worth $10 million. A few days later, Ben attends Peter’s home to look for a [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 30 May 2025. Gloria, 101 years old, sold her house and the proceeds of sale were deposited into her granddaughter’s account. It is not clear how this occurred. Gloria was found to be under a legal incapacity and her “tutor” commenced action in the Supreme Court, seeking an order that the granddaughter “account” for the funds. The Court observed that despite the granddaughter being in a position to possess the knowledge of what happened to the funds, she was in a “hopelessly inadequate position to persuade the Court as to what the money [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 23 May 2025. Peter and Penny have a daughter, Diane and a son, Daniel. Peter and Penny purchase a home in which to live with Daniel. The property is registered in Daniel’s name. Later, Daniel moves-out and Peter and Penny continue to reside in the property. Peter and Penny enter into a Deed with Daniel to the effect that the property shall be “deemed” to be theirs, provided that they are responsible for the mortgage and the outgoings and that they leave the property to Daniel in their wills. It is also agreed [...]