Hypotheticals & Articles

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 2 September 2017. Kimberley and William had been happily married for many years. Kimberley had two children to a previous relationship. William did not have any children of his own. Kimberley and William made “mirror wills” leaving everything to each other with the survivor ultimately leaving everything to the survivor’s “children”. Kimberley passed away in 2016 and pursuant to the terms of her will, William received the whole of her estate. […]

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 26 August 2017. Paul and Julie separated after an 18-month relationship. They had a child named Robert. Paul had no contact with Robert for 35 years before Paul’s death at the age of 65. Paul believed that Julie had been unfaithful to him and that Robert was not his biological child. Paul died leaving a de facto spouse of 30 years standing and left his million-dollar estate to her. Paul’s last will was prepared by the NSW Public Trustee. […]

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 19 August 2017. Darren’s father, Bruce recently passed-away. Bruce owned a house and had a substantial superannuation fund. Bruce was divorced many years ago and was survived by his three children. Bruce did not have a will. In order to deal with Bruce’s estate, a grant of letters of administration is required. […]

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 12 August 2017. Colin, aged 77 and Jane, aged 33 have a three-year-old daughter. Their relationship breaks-down and Jane files an application, seeking property settlement orders under the Family Law Act. Colin concedes that there was an 18-month sexual relationship between them but says it ended in 2014. He says that the sexual relationship did not constitute a “de facto relationship” claiming that they never had a relationship as a “couple living together on a genuine domestic basis”. Accordingly, Colin claims that the court has no jurisdiction to hear the matter and asks the court to dismiss [...]

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 5 August 2017. Judy is looking into purchasing a strata unit opposite a park. Judy tells her solicitor that she will not proceed unless she can keep Daisy, her beloved border collie, in the unit. The solicitor obtains a copy of the listing contract for the sale of the property. The contract reveals that the units were built in 2000 and that by-law 16 of the model by-laws has been adopted by the Owners Corporation. Further examination of the contract reveals that there are no special by-laws that have been put in place by the Owners Corporation [...]

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 29 July 2017. John and Cynthia have been looking to buy a home for some time, but have missed out on a number of properties where other purchasers have exchanged contracts before John and Cynthia could make the proper enquiries such as obtaining pest and building reports and obtaining legal advice on the contract. This is what is referred to as “gazumping”. […]

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 15 July 2017. Nikky decides to renovate her home. Plans are drawn-up, which include the addition of a loft and a new master bedroom. Nikky takes the plans to Mutually Assured Construction Pty Ltd (MAC), a building company specialising in residential renovations. MAC has one employee, John, who is a licenced builder. Nikky informs John that she has an owner-builder permit and that she plans to assist with the renovations by engaging contractors to do specialised work, including laying the slab, the electrical wiring, the brickwork and plastering. She requests the builder do everything else. John agrees [...]