Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 4 June 2016. This week’s column looks at whether an unusually large “gift” should be repaid. When Jane, a once successful business person, dies at the age of 88, she leaves her very large estate to her children equally. […]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 28 May 2016. This week’s column looks at the extent to which promises regarding property can be enforced. […]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 21 May 2016. This week’s column looks at an unusual estate claim and also serves as a reminder that often parties to a dispute are better-off resolving the matter without the intervention of the courts. […]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 14 May 2016. Keeping the Property Law theme alive from last week, today’s instalment turns from easements to encroachments. […]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 7 May 2016. John’s property has the benefit of an easement over his neighbour’s property, of which Jane is the owner. The easement is a right of carriageway that allows John to drive across the rear of Jane’s property to access his garage. There is no other way for him to drive onto his property. Jane is generally unhappy about John’s ability to drive across her property, and has taken steps to frustrate his ability to do so. She plans to commence renovations which will involve building exactly up to the boundary of the easement. She has planted [...]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 30 April 2016. This week’s hypothetical demonstrates the importance of making a will that leaves “adequate” provision for all concerned and is a reminder of how obtaining the right advice, could avoid the costs of a claim on your estate. […]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 23 April 2016. When Jane dies at the age of 75, without leaving a will, Romeo makes a claim on her estate Jane’s house was valued at $500,000 and she had $80,000 in the bank. Jane was divorced at the age of 40 and had no children. Romeo was 15 years her junior. […]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 16 April 2016. John died without making a formal will. After John’s death however, his brother discovers that John had recorded his testamentary wishes in writing on the “Notes” application on his iPhone. […]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 9 April 2016. Grey Nomads, John and Jane, commence their journey from their Sydney home and head up the coast in their motor home. Despite their intention to traverse the nation, they arrive at the mid north coast and decide that they don’t want to leave. They look into the local real estate market and realise that the first step is to sell their Sydney home. […]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 2 April 2016. Jane makes a will leaving her house to her daughter. She leaves the rest of her estate to her grandchildren. Jane also makes a power of attorney, appointing her son Andrew as her attorney. The power of attorney contains a condition that it only comes into effect when a medical practitioner certifies that Jane was no longer able to manage her affairs. […]