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Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 26 November 2021. John and Sandra are married. They each have two children from a previous relationship. They attend an appointment with a solicitor regarding their estate planning with a view to making arrangements that provide for each other whilst ensuring that ultimately, all of their children receive equal shares of their estates. The solicitor advises them that they can make “mutual wills” and enter into an agreement, not to change their wills. They proceed with executing wills that leave the whole of their estates to each other when the first of them [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 19 November 2021. Paul enters a commercial lease with VK Holdings. Paul agrees to 3 year term with options to renew. After 9 months Paul is struggling with cash flow. For the past few months, he has managed only partial rent payment and had been unable to pay any rent for the last fortnight. Paul pleads with VK Holdings that he intends to honour the lease and repay monies owed, as he is trying to offload stock and is looking to get an investor onboard. However, VK Holdings relies on a clause in the [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 5 November 2021. Henry meets Mary, who is 20 years his junior. He has 9 children to a previous relationship. Henry and Mary are married a year later. They discuss their estate planning and Mary tells Henry that she is happy to be treated as one of the kids, when it comes to the distribution of his estate. Henry wishes to be fair to his wife and his children and makes a will leaving 10% of this estate to Mary and 10% to each of his children. Under the will, he also permits [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 29 October 2021. Robert and Helen decide to move closer to their daughter, Diane. They had a falling out with their other daughter, Mary several years ago. Robert and Helen wish to disinherit Mary and Diane tells them that if they purchase their new property in Diane’s name, it will be protected against a possible claim by Mary. She also says that it will make things easier in terms of the administration of their estates. Robert and Helen sell their home and purchase their new property in Diane’s name. Robert is diagnosed with [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 22 October 2021. Brian and Julie were married in the summer of 1969. They went on to have three children, Kathryn, Paul and Matilda. In 2008, Brian passed-away and left his whole estate to his wife, Julie. Julie then moved in with her son, Paul and he and his family provided her with care. Kathryn married Nick and they tried for several years to have children before undertaking IVF. Julie was hopeful that the IVF program would provide her with more grandchildren. In recognition of Paul’s care and support, Julie updates her will [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 15 October 2021. Amy is quite fond of her Jack Russell terrier, Rosey. As part of her estate planning, Amy wishes to ensure that Rosey is looked-after. She is advised by her solicitor that unless there are specific provisions in her will, Rosey forms part of the “residue” of her estate and becomes the property of her residuary beneficiaries. This can cause difficulties if there are multiple beneficiaries and further complications can arise regarding the cost of Rosey’s care. Amy decides that it is best for Rosey, her executor and her beneficiaries for [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 8 October 2021. Joe is married to Jenny and has two children from a previous marriage. Joe buys a will kit from the local Post Office for $20. Being a man of few words, Joe simply writes ‘I give my children enough money for a deposit on a house and everything else to my wife Jenny’. He then signs his will and Jenny witnesses his signature. Jenny asks him if he would like her solicitor to take a look at his will to make sure that it is all okay. Joe tells her [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 1 October 2021. George and Lily dated for about 9 months before George moved into Lily’s house. Lily’s parents had given her $100,000 to assist her with the purchase of the house. George and Lily had talked about travelling overseas once COVID was ‘under control’ and then planned to begin a family together. Unfortunately, after one year of living together, Lily died in a car accident. Lily did not have a will. George seeks legal advice about the distribution of her estate and George’s solicitor asks him about his relationship with Lily. He [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 24 September 2021. After 30 years of marriage, Daniel and Rachel separate and divorce. They cannot agree on the division of their assets and Daniel commences property settlement proceedings in the Family Court. The Court hears that Rachel has an interest in a testamentary trust by way of an inheritance from her father. The assets of the trust are valued in excess of $3 million and Rachel and her sister are the trustees of the trust and the “primary beneficiaries”. Daniel argues that Rachel is entitled to half of the assets of [...]