28 07, 2022

Anglicisation chaos

2022-07-28T12:26:28+10:00July 28th, 2022|

Article by Manny Wood published in the Coffs Coast News Of The Area on 29 July 2022. Lucciano Lombardi was born in Italy and migrated to Australia in the late 1950s, when he was 12 years old. Finding that most Australians struggle to say his name properly, Lucciano begins to go by Luke Lombard, which is the name printed on his first Driver Licence. In 1978 Luke buys a house at 123 Fake Street. Luke uses his Italian Birth Certificate to establish his identity. When the purchase settles, the Certificate of Title records his name as ‘Lucciano Lombardi’. Unfortunately, in 2020, Luke is diagnosed with cancer. Luke [...]

21 07, 2022

Relationship breakdown and inheritance dispute

2022-07-21T12:53:32+10:00July 21st, 2022|

Article by Manny Wood published in the Coffs Coast News Of The Area on 22 July 2022. Shortly after their marriage, Amy and Robert build their family home on a property owned by Robert’s father. Amy and Robert have two children together but unfortunately, after a 15-year marriage, their relationship breaks-down. The parties are unable to reach agreement in relation to property settlement and Amy commences action in the Family Court. Robert’s father passes-away before any orders are made and Robert’s inheritance becomes another issue of dispute. Robert’s inheritance is calculated at $1.5 million. Robert agrees that the current value of the family home, being $500,000 was [...]

14 07, 2022

Terms of Will create confusion

2022-07-14T15:41:02+10:00July 14th, 2022|

Article by Manny Wood published in the Coffs Coast News Of The Area on 15 July 2022. Larry passes away leaving an estate worth $1.5 million. Larry’s will leaves a large portion of his estate to “those of my grandchildren as shall survive me and attain the age of 18 years”. When Larry made his will, he only had one grandchild, aged two. One year after Larry’s death, another grandchild, Mary is born. Larry’s executor is unsure whether Mary is entitled to receive a share of the estate and seeks a ruling from the Supreme Court, by way of “judicial advice”. The Court states that to interpret [...]

7 07, 2022

Sunset cut short

2022-07-07T11:42:39+10:00July 7th, 2022|

Article by Manny Wood published in the Coffs Coast News Of The Area on 8 July 2022. Kevin and Julie are successful investors in local property and decided to assist their friends Wayne and Gabby, who had recently married, enter the market. The idea was that Wayne would borrow his share from Kevin and Julie and that Gabby would pay her own share; so all parties contributed equally. The property was purchased as tenants in common with all four names on the title in equal shares. Over the years the market had risen considerably, yet Kevin and Julie were yet to receive any payment from Wayne. Julie [...]

30 06, 2022

Claim on Grandfather’s estate amid history of drug abuse

2022-06-30T16:59:59+10:00June 30th, 2022|

Article by Manny Wood published in the Coffs Coast News Of The Area on 1 July 2022. Peter’s parents divorce when he is 10 years of age. Peter resides with his mother during his teenage years and has little to do with his father. In his late teens, Peter develops a heroin addiction. This addiction led to Peter being on the methadone program and was a factor in Peter committing various criminal offences. Peter moves into public housing at the age of 25 and his relationship with his mother deteriorates. Peter looks to his grandfather for support during these difficult times and lives with him for several [...]

24 06, 2022

What is a notary public?

2022-06-24T16:27:47+10:00June 24th, 2022|

Article by Manny Wood published in the Coffs Coast News Of The Area on 24 June 2022. Vincent migrated from Italy 30 years ago and lives happily on the mid north coast of New South Wales. Vincent’s family remained in Italy and when his father passes away, a dispute arises regarding his estate. Vincent is close to his sister and trusts that she will be able to act on his behalf, when providing instructions to their Italian lawyer. The Italian lawyer prepares a power of attorney, in Italian and asks Vincent to sign the document and that the document be notarised. Vincent contacts a local notary public. [...]

17 06, 2022

Different residences preserve relationship

2022-06-17T17:24:22+10:00June 17th, 2022|

Article by Manny Wood published in the Coffs Coast News Of The Area on 17 June 2022. Jack and Jill have been married for 40 years. 10 years ago, Jack moves out of the matrimonial home and into separate accommodation. Five years ago, Jack is diagnosed with Alzheimer’s disease and moves into an aged-care facility. When Jack passes-away, he is receiving a pension from his superannuation fund. Jill makes an application to the superannuation fund to receive Jack’s pension by way of a “reversionary benefit” on the basis that she is Jack’s spouse. The superannuation fund declines Jill’s application, stating that because they were not living together [...]

31 05, 2022

Voluntary Assisted Dying Bill Passed

2022-05-31T13:31:58+10:00May 31st, 2022|

Article by Manny Wood published in the Coffs Coast News Of The Area on 3 June 2022. This week, we take a break from the usual format of this column to address the recent passing of the Voluntary Assisted Dying Bill, which has been of interest to many of my clients. Although the Bill has been passed, voluntary assisted dying or VAD, is not yet available in New South Wales and is subject to an 18-month implementation period. After decades of debate, the passing of the Bill brings New South Wales in-line with all other states. The ACT and Northern Territory, who are governed by Commonwealth [...]

26 05, 2022

Court-made Will considerations

2022-05-26T09:57:38+10:00May 26th, 2022|

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 27 May 2022. Lucas is involved in a serious car accident at 3 years of age. He suffers a severe brain injury which significantly affects his cognitive development. Lucas is placed under the care of the Department of Child Safety. His mother is not involved in his daily care amid accusations of neglect and drug use. His father passes-away a few years later. Lucas spends several years living with his grandmother and his sister before moving into care. He remains close to his grandmother and sister, who visit him frequently. As a result [...]

19 05, 2022

Donald had nose bent out of joint

2022-05-19T14:20:55+10:00May 19th, 2022|

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 20 May 2022. The Benders were pioneering banana growers in north-east NSW. Brian was the patriarch of the Bender family and when he died, he left his share of the plantations, and commercial properties to his children George and Isobel. George and Isobel continued the tradition and became key members of the Bender business. Isobel loved the life so much she was married underneath a banana tree, and in a few short years she had three beautiful children. Unfortunately, Isobel was tragically killed in an ice-skating accident while on holidays in Florida. When [...]

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