21 05, 2015

The law on broken promises

2015-05-21T09:15:54+10:00May 21st, 2015|

Published in the Coffs Coast Advocate on 16 May 2015. Jim and Jane owned a grazing property jointly. The grazing business was owned by a family company of which Jim, Jane and their eldest son James were shareholders. Jim and Jane have another child, Julie who grew up on the farm but was not involved in the family business. […]

21 05, 2015

The ins and outs of a property settlement

2015-05-21T09:01:37+10:00May 21st, 2015|

Published in the Coffs Coast Advocate on 9 May 2015. Jim and Jane have been married for 23 years and have 3 children together. They accumulated substantial assets during their marriage but after their relationship breaks down, a dispute arises as to how their assets are to be divided. Jane commences action in the Family Court of Australia. […]

4 05, 2015

Will-making in circumstances of estrangement

2015-05-04T10:12:03+10:00May 4th, 2015|

Published in the Coffs Cost Advocate on 2 May 2015 During the course of a 25 year marriage, Jim and Jane have 4 children. When their marriage breaks down, Jim and Jane engage in contested family law proceedings and their two daughters provide evidence in support of Jane. Jim’s relationship with his two daughters deteriorates and they have no contact after the conclusion of proceedings. […]

4 05, 2015

What constitutes a valid legal will?

2015-05-04T10:03:07+10:00May 4th, 2015|

Published in the Coffs Coast Advocate on 25 April 2015 At Jim’s death, he owned two properties in Coffs Harbour and also had a large bank account. Jim’s sister, Jane seeks advice from a solicitor regarding whether the handwritten notes can constitute a will and whether the notes revoke Jim’s 1994 will. […]

4 05, 2015

The dangers of not updating your legal documentation

2015-05-04T09:57:50+10:00May 4th, 2015|

Posted in the Coffs Coast Advocate on 18 April 2015 In 2002, James makes a will leaving his home to his son John and the rest of his estate to his other son Joseph. John had always expressed a wish to receive the family home and James had sufficient assets in the rest of his estate, including a substantial bank account, to properly cater for Joseph. At the same time as making his will, James executes a power of attorney that allows John to manage James’ assets should he lose the capacity to do so himself. […]

12 04, 2015

Binding financial agreements can be used to protect your family

2015-04-12T08:51:58+10:00April 12th, 2015|

Published in the Coffs Coast Advocate on 11 April 2015. Jane is in her early 60s. Her husband died several years ago and they had 3 children together. Jane is in the early stages of a relationship with John and is concerned about protecting her assets against any future action that John may initiate if their relationship breaks down. She is particularly concerned about preserving her assets for her children. […]

9 04, 2015

Take care with nominations

2015-04-09T08:51:48+10:00April 9th, 2015|

Published in the Coffs Coast Advocate on 4 April 2015. John’s assets consist primarily of a very large self-managed superannuation fund (SMSF). John and his wife, Jane are both members and trustees of the SMSF. John and Jane each have two children to previous relationships. John makes a will, leaving the whole of his estate to Jane and his two children equally. He appoints all three beneficiaries as his executors. […]

9 04, 2015

Good will relies on trust

2015-04-09T08:39:58+10:00April 9th, 2015|

Published in the Coffs Coast Advocate on 28 March 2015. Jim is single and has two children. He has accumulated substantial assets including real estate and a large self-managed superannuation fund. Jim consults a solicitor regarding the drafting of his will and his estate planning in general. The solicitor examines Jim’s financial circumstances and takes further instructions regarding his children’s stations in life. […]

22 03, 2015

Rebutting an allegation of undue Influence

2015-03-22T10:06:52+10:00March 22nd, 2015|

John and Jane are in the 50s. Their home in Coffs Harbour is subject to a mortgage of $400,000. John’s widowed mother, Gillian is in her 70s, and after discussions between the parties, Gillian moves in with John and Jane. Not long after Gillian moves in, she gives John and Jane the sum of $300,000. The money is used to reduce the mortgage over the Coffs Harbour property and is evidenced by way of a loan agreement whereby the $300,000 is repayable to Gillian upon demand. […]

14 03, 2015

Consequences of Drink Driving

2015-03-14T11:00:12+10:00March 14th, 2015|

Published in the Coffs Coast Advocate on 14 March 2015 John was celebrating at his local bowling club after a successful day’s play. He and his friends each consumed three schooners of beer within a couple of hours. His friends decided to walk home but John regrettably decided to drive. Not long after leaving the bowling club, John was pulled over by the police and subjected to a random breath test. […]

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