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Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 13 May 2022. Barry has never been married and has no children. He has two sisters and a brother named William. William retired from his work as a manual labourer at the age of 55 due to health reasons. He assists Barry in maintaining his home and takes Barry shopping and drives him to his medical appointments. William and Barry, as brothers had a close relationship during most of their lifetimes, until they have a heated argument, regarding William’s driving ability. In response, Barry makes a new will, appointing his two sisters as [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 6 May 2022. John and Tony are good friends who have known each other for many years. They are both looking to buy an investment property and decide to pool their resources and purchase a property together. They find a large rural property which includes two separate dwellings. They each contribute to the purchase price and the payment of stamp duty. John decides to use the larger dwelling for long-term rental accommodation and Tony uses the other dwelling for short-term tourist accommodation. Several years pass until it is discovered that John’s tenants have [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 29 April 2022. Joanne goes through a difficult divorce and later that year is dismissed from employment for stealing funds. She moves in with her mother, Mary and tells her that she has a gambling problem. Several years later, Mary sells her house and gives Joanne and her two other children, an early inheritance of $50,000. Within a couple of months of Joanne receiving the funds, Joanne has spent all of the money on gambling. Mary is concerned about Joanne’s gambling and makes a new will, leaving her just 15% of her estate. [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 15 April 2022. Tina owns her own home and lives alone. She never married and has no children. Tina decides to offer her spare room up for board and Peter soon moves into her house. Peter receives a disability support pension and has not been employed for several years. 10 years later, Tina passes away at the age of 65. Tina leaves the whole of her estate to her brother and sister. Peter challenges Tina’s will, seeking provision from her estate. Peter claims that he was in a de facto relationship with Tina [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 8 April 2022. After a 10 year relationship, Robert separates from his wife and moves into rental accommodation. Two years later, Robert allows Mary to stay in the residence rent-free. Six months pass and Robert tragically passes away at the age of 50. Robert had made a Will, appointing his wife as his executor and nominating his two children, aged 5 and 10 as the primary beneficiaries of the estate. Robert’s estate consists of real estate and superannuation, totalling $2 million. Mary is not named in the Will and after obtaining legal advice, [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 1 April 2022. Natalie found a perfect block to build her new home. Prior to purchase, Natalie’s solicitor informs her that there was a carriageway running through the western side of the property in favour of her neighbour, Barbara. Nevertheless, Natalie proceeds with the purchase of the property. Barbara as a generational landowner had utilised the carriageway for many years, but in a short time, built a good relationship with Natalie, and all was amicable. After several years passed, Natalie’s family expanded and so did her need for storage.  Natalie builds a shed [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 25 March 2022. Tony makes a will leaving the whole of his estate to his three children. He appoints his brother as his executor. When Tony passes-away many years later, his children take the will to Tony’s bank and ask for the proceeds of his bank accounts to be released to them. The bank manager informs them that Tony’s brother, as executor, must apply to have the funds released. The children explain to the bank manager that unfortunately, their uncle is also deceased. They are informed that the bank therefore requires Letters of [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 18 March 2022. Howard is terminally ill and in the final days of his life, he decides to give his friend Sarah, a gift as she had been by his side during the last 12 months. Howard hands Sarah his debit card, tells her his PIN number and says ‘I want you to spend the money and enjoy yourself’. He also gives her his house keys and says ‘Thank you for spending so much time with me here in my house, I want you to live here and enjoy the view’. When Howard [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 11 March 2022. Mary makes a will leaving the whole of her estate to her son David. She makes no provision for her son Peter and her will includes a notation stating that “Peter has chosen not to communicate with me for many years”. When Mary passes-away at the age of 80, she leaves an estate valued at $2 million. Peter makes a claim against Mary’s estate. At trial, the Court hears that Mary was left out of her parents’ wills and made a successful claim, so she was aware of what was [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 4 March 2022. Barry, a retired professional fisherman, makes a will which includes a provision to the effect that upon his death, he wishes for his remains to be the subject of a burial at sea. Barry appoints his son, William as his executor. Many years later, Barry passes-away and William makes enquiries regarding Barry’s burial wishes. William discovers that he must submit a Burial at Sea Permit Application Form to the Commonwealth Department of Agriculture, Water and the Environment with an application fee of $1675. The application form must include the reasons [...]