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Article by Manny Wood published in the Coffs Coast News Of The Area on 30 June 2023. Nancy and Don have been happily married for 45 years. Don loves the Blues, but after a recent loss, he threw his beloved mascot teddy-bear at the TV and dislocated his shoulder. He now needs assistance with his day-to-day living. As Don is somewhat incapacitated, Nancy decides to sell the family home. Amanda, their eldest daughter, offers for Don and Nancy to live with her, but they are reluctant as Amanda has a large, loud family and limited space. During a family dinner, they all agree that Amanda should purchase [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 23 June 2023. Barbara has two children, David and Peter. Unfortunately, Peter suffered a debilitating brain injury as a result of a motor vehicle accident. He has since been found by NCAT to be incapable of managing his affairs and the New South Wales Trustee has been appointed as his financial manager. Peter receives funding under the National Disability Insurance Scheme. He also stands to receive substantial compensation under the Motor Accident Injuries Act. Peter receives a disability pension. He lives alone in rental accommodation and has no dependents. Barbara makes a will [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 16 June 2023. John finds an investment property for sale for $300,000. He discusses the purchase of the  property with his 18-year-old daughter, Natalie, who as a first home buyer, is eligible for a Stamp Duty exemption. John offers to give Natalie $75,000 towards the purchase of the property and to pay $1,400 per month to cover the loan repayments. Natalie agrees and the property is purchased in her name. John pays the sum of $75,000 which is secured by way of a Mortgage. The rest of the purchase price is loaned from [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 9 June 2023. David and Helen live in the same apartment complex. A relationship develops and they begin dating. They start sleeping over at each other’s unit and they exchange keys. After a couple of years, they begin going on holidays together. They attend social and business functions together, regularly dine-out and exchange gifts. David asks Helen to marry him and they have discussions regarding having children. However, Helen does not wish to be married and does not wish to have children. Their relationship deteriorates and Helen makes statements regarding the ending of [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 2 June 2023. Gregory makes a will at the age of 80 years, leaving the contents of his garage and his motor vehicle to his son, David. He leaves the rest of his substantial estate to his daughter, Penny and appoints her as his executor. When Gregory passes away, David lodges a caveat in the probate registry, preventing Penny from obtaining a grant of probate. There is no evidence that Gregory did not have the requisite mental capacity to make the will. There is no evidence that Penny engaged in undue influence or [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 26 May 2023. Peter and Dianne have been married for 30 years. Unfortunately, Dianne unexpectedly passes away, aged 50. When Dianne’s mother passes away 15 years later, she leaves the whole of her $2 million estate to her sole surviving daughter, Ruth. Peter believes that he should have received something under the will and makes a claim. Peter has no standing to make a claim by virtue of being a son-in-law of the deceased. However, persons who can establish that they were dependent upon a deceased person and a member of the deceased [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 19 May 2023. Doris and Desmond had always dreamed of buying a spacious new house for their growing family. They had just welcomed twins, Doreen and David to their family, consisting of two other children and their lovable puppy, Dozer. Desmond decided to make an offer on a new property, proposing a purchase price of $950,000 to the agent. Unfortunately, the vendor rejected the offer due to Desmond's request for a 120-day cooling-off period, which would enable him obtain finance or sell their current home. Determined to secure their dream home, Desmond devised [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 12 May 2023. Coming up to this column’s 10-year anniversary, here is a remaster of the very first article. Jack and Jill have been in a de facto relationship for a few years. They each have two children to a previous relationship. They discuss their Wills with each other and agree that their children are to be the primary beneficiaries of their respective estates. They both have significant amounts of superannuation and they purchased a home together last year. They do not have any other significant assets. Jack and Jill make valid Wills, [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 5 May 2023. Mary passes-away after a three-year bout with cancer. She leaves two adult children, David and Julie. Julie lived with Mary for 15 years prior to her death. Mary’s will gifts her four-bedroom home to Julie and only makes nominal provision for David. There is a mortgage on Mary’s home, with $300,000 owing. Mary also made a binding death benefit nomination in relation to her superannuation, with the effect that Julie receives 90% and David receives 10% of the death benefit. Julie uses her share of the super to pay $200,000 [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 28 April 2023. David decides to update his will. He nominates his four children, Levi, Kate, Charlie, and Billy as executors. However, his solicitor advises David to consider reducing the number of executors as the children are interstate and overseas, which may make it difficult to administer the estate. David follows the solicitor's advice and chooses his daughter Kate as the sole executor with Billy as the substitute. Over Christmas dinner, David informs his children of his decision regarding his will. His choice of executors creates tension and hostility in the family. As a result, [...]