9 12, 2016

Mutual Wills

2016-12-09T07:38:02+10:00December 9th, 2016|

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 26 November 2016. Robert and Jennifer each have a child to a previous relationship. They are married in 2000 and consult a solicitor regarding the drafting of their wills. They are advised that one of the options available is to make “mutual wills”. […]

21 11, 2016

Broken Promises and unjust enrichment

2016-11-21T13:24:17+10:00November 21st, 2016|

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 19 November 2016. Daniel grew up on a farm owned by his parents Geoff and Barbara. Daniel worked full-time on the farm and at the age of 23, Geoff told him “one day this will all be yours”. At the age of 30, Daniel complained to his father that his weekly wage of $400 per week was not enough pay for him and his wife to stay on the farm. […]

14 11, 2016

Can an injured employee be dismissed because of their injury?

2016-11-14T07:51:26+10:00November 14th, 2016|

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 12 November 2016. Diana is the CEO of Pushing Daisies Pty Limited, which owns and operates several store front florists. Pushing Daisies employs two full-time staff to manage and run each store. Sarah is the manager of one of Pushing Daisies’ stores. One day after work, Sarah seriously injures her leg while surfing. Due to the seriousness of the injury, Sarah is told by her doctor that she will be unable to walk for at least three months and may never regain full use of her leg again. Sarah gives Diana the bad news along [...]

7 11, 2016

Parentage Testing – The results are in.

2016-11-07T13:08:36+10:00November 7th, 2016|

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 5 November 2016. Peter grew up under the impression that he was Harry’s biological child. When Harry dies, Peter discovers that his will leaves the whole of his estate to his daughter, Joan and appoints her as his executor. […]

2 11, 2016

The recalcitrant executor.

2016-11-02T07:52:08+10:00November 2nd, 2016|

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 29 October 2016. This week’s column provides an example of the problems that can arise when appointing an inappropriate executor in your will and the importance of executors obtaining legal assistance to fulfil their duties. […]

2 11, 2016

Will dispute: Court orders parentage testing

2016-11-02T07:48:45+10:00November 2nd, 2016|

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 15 October 2016. Peter passes away at the age of 85, leaving a will that appoints his two children from his first marriage, Joan and William, as executors and leaves them the whole of his estate equally. […]

2 11, 2016

Life interests and funds to meet outgoings

2016-11-02T07:41:48+10:00November 2nd, 2016|

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 8 October 2016. Mike and Carol are both in their 60s and each have three children to previous marriages. They have been in a de facto relationship for the last 10 years and wish to update their wills to provide, primarily, for each other, but also to protect the interests of their children. […]

20 09, 2016

Lengthy Court delays in parenting disputes

2016-09-20T10:59:42+10:00September 20th, 2016|

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 17 September 2016. Jack and Jill married seven years ago. They have three children who are all under five years of age. Jack and Jill’s relationship breaks down and Jack moves into share house accommodation. Both parties are having difficulties dealing with the breakdown of their relationship and are under extreme financial stress. […]

20 09, 2016

Mental capacity to make a will

2016-09-20T10:51:14+10:00September 20th, 2016|

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 10 September 2016. Wayne is 82. He is in good physical shape, apart from having some trouble getting around and suffering from some hearing loss. Wayne’s nephew, Dave comes over once or twice a week to help out. He mows the lawn and does some of the cleaning that Wayne finds difficult. Wayne has one younger brother, Michael, who is Dave’s father. Wayne has no children and no other immediate family. […]

20 09, 2016

Life interests as a solution

2016-09-20T10:14:58+10:00September 20th, 2016|

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 3 September 2016. Estate Planning: Life interests as a solution  Jack marries his second wife, Jill in the 1990’s. Jack makes a will leaving his estate to Jill and the four children to his previous wife, in equal shares. When Jack unexpectedly passes away 20 years later, Jill realizes that he had not updated his will. […]

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