Hypotheticals & Articles

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 8 July 2017. Charles makes a will, leaving his Westpac shares and his Smith Street property to his daughter, Jane. He leaves the rest of his estate to his only other child, Richard. Jane is appointed as executor. When Charles passes away, Jane seeks legal advice regarding the administration of his estate. Jane advises her solicitor that the Smith Street property was sold shortly before Charles’ death and that the proceeds of sale were used to pay an accommodation bond so Charles could be admitted into a nursing home. The sale of the home was conducted by [...]

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 1 July 2017. David makes a home-made will before he marries Rebecca. The will is properly executed and witnessed. David’s will leaves half of his estate to Rebecca and the other half is left to his two children from a previous relationship. David appoints one of his children, Sam as his executor. David informs Sam that he has made a new will and informs him of its whereabouts. […]

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 24 June 2017. Raymond made a will many years ago and his solicitor gave him a copy. Shortly before his death, Raymond reviews his will. He decides that because he has less money in the bank than what he did when he made the will, that the gifts to his grandchildren are no longer appropriate. He has six grandchildren and instead of each receiving $10,000, he wishes to give them a nominal amount of $1,000. […]

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 17 June 2017. William makes a will, leaving his motor vehicle to his best friend, Jack. William’s will also leaves 500 Commonwealth Bank of Australia shares to Jack and leaves the rest of his estate to his son, John. Years later, William’s son notices that his father’s motor vehicle needs to be upgraded. He buys his father a new car on the basis that when William passes away, he leaves the car to him. William thinks when he dies, Jack is only entitled to the motor vehicle he owned at the time he made his will [...]

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 10 June 2017. John makes a will, appointing his friend, Robert as his executor. The will states that John wishes to be buried. When John dies, his son Ben, makes arrangements with the funeral director. Ben selects a casket and informs the funeral director that his father’s remains are to be cremated. Ben signs an agreement with the funeral director. Robert becomes aware of Ben’s actions and seeks legal advice regarding his rights and obligations as executor. […]

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 3 June 2017. A year after David marries his wife, Joanne, he executes a binding death nomination with the effect that Joanne receives 100% of his substantial superannuation fund, in the event of his death. David executes the binding death nomination in the presence of two witnesses and posts it to his superannuation fund. A month later, David makes a new will, with the assistance of a solicitor. His will leaves the whole of his estate to his mother. […]

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 27 May 2017. Brian is involved in a motor vehicle accident. The other driver is at fault. Brian has insurance with XYZ Insurance and he makes a claim relating to damage to his motor vehicle. XYZ Insurance makes a claim against the other driver on Brian’s behalf. […]

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 20 May 2017. Sally and Sam have been together for many years and each have children to previous relationships. They own a property together as joint tenants and each have substantial assets in their sole names. They are aware that when one of them dies, the survivor will receive the house by way of “survivorship” because they own the house as joint tenants. They therefore make Wills leaving their estate to their respective children. […]

  Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 13 May 2017. When Harry and Sally separate, they affect a property settlement whereby Harry retains the matrimonial home on the basis that he pays Sally $130,000. This figure is arrived at by way of an adjustment between the parties so that they each receive an equal share of their joint net assets. […]