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Article by Manny Wood published in the Coffs Coast News Of The Area on 25 October 2024. After David’s wife died, he and his daughter Jenny purchased an idyllic property, comprising two cozy homes and enough space for a few cows and a decent garden. However, as with many family ventures, life introduced unexpected challenges that threatened to unravel their peaceful paradise. The trouble began when Jenny invited her partner to live with her. David initially welcomed the addition of an extra set of hands, and he did enjoy Jenny’s partner’s company. However, unfortunately for David, Jenny became more interested in her new friend and David was [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 18 October 2024. Arthur, and his mother Penny, share a rare psychiatric condition. The New South Wales Trustee and Guardian has been appointed as their financial manager and the Public Guardian has been ordered to make medical and lifestyle decisions on their behalf. These orders are the subject of review before the guardianship division of the New South Wales Civil and Administrative Tribunal. The Tribunal hears that Arthur and Penny have been diagnosed as suffering from a delusional disorder known as “folie à deux”. This disorder involves a shared delusion, often with one [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 11 October 2024. Jonny and his best mate, Joan had the Australian public captivated when a friendly bet turned sour. The dispute arose from a bet placed during a match between the Crocs and the Raptors. Jonny, a die-hard Raptors fan, confidently predicted a resounding victory. Joan said I will take $1,000 on the Crocs. Jonny said if you put on $3,000, I will give you 5 to 1 odds. Joan agreed, standing to win $15,000. After a thrilling game that went down to the wire, the Crocs emerged victorious, and Joan claimed [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 4 October 2024. After a recent health scare, Peter decides to talk to a specialist solicitor about putting a Power of Attorney (POA) in place. Peter is advised that a POA allows him to appoint someone (an attorney) to manage his financial affairs. In Australia, a reference to an attorney is not a reference to a lawyer or a solicitor. In fact, an attorney is normally not a lawyer, but a member of one’s family or a friend who is entrusted to manage financial matters. An appropriate attorney may not be the same [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 27 September 2024. When Frank and his wife divorce, their adult daughter, Amanda moves into the matrimonial home with Frank. Amanda contributes to the payment of a lump sum to her mother, in return for her transferring her interest in the home to Frank. Amanda also pays for significant renovations to the property. To protect Amanda’s interest in the home, they enter-into a Deed, transferring the whole property to Amanda in return for Frank retaining a “right to reside in the home for life”. A few years later, Amanda enters-into a relationship and [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 20 September 2024. Pam and Peter are the only beneficiaries of their late father’s estate. Pam is appointed as the sole executor. Pam retains a solicitor and in accordance with the legal advice that she receives, attends to realising the assets of the estate. Pam’s solicitor publishes the usual “Notice of Intended Distribution” online and after the expiry of the requisite 30 days, the estate is fully distributed and Peter receives his 50% entitlement in the estate. However, Peter is concerned that Pam may not have administered the estate properly and demands that [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 13 September 2024. Robert and Ruth have been married for 40 years. They share a son and each have another child to a previous relationship. Ruth has lost the capacity to manage her financial affairs and is under the financial management of the NSW Trustee and Guardian. Robert and Ruth’s jointly owned home is sold to fund their placement in full-time care. The NSW Trustee and Guardian propose to distribute the proceeds of sale equally between Robert and Ruth. Ruth’s son, to a previous relationship, challenges the proposed distribution and files an application [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 6 September 2024. After Nigel died, his iconic family property was left to his two surviving nephews, Alex and Ben. The property was transferred to Alex and Ben as joint tenants. Alex lived in the property for 10 years, but as his circumstances changed, he became eager to sell it and use the proceeds to start a new chapter in his life. He wanted to travel and eventually relocate permanently. Ben, who lived interstate, was deeply upset by Alex’s decision to sell. He wanted to keep the property as a family heirloom and [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 30 August 2024. Sam passed away 20 years ago. His wife, Ruth, is now 90 years of age. Paul was recently told by his mother that despite what he had been led to believe during his lifetime, Sam was in fact his biological father. Having not received any inheritance from Sam’s estate, Paul files a Summons in the Supreme Court of NSW, seeking a lump sum from the estate, by way of a “family provision order”. These types of claims are subject to a limitation period of 12 months from the date of [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 23 August 2024. Mary makes a will leaving two thirds of her estate to her son, Michael and one third of her estate to her daughter, Jane. She appoints Michael as her executor. When Mary passes-away, Jane claims that the will was the subject of undue influence and on the basis that Mary lacked capacity to execute the will, says her mother died “intestate”. In the alternative, Jane seeks $500,000 by way of a “family provision” order. Michael makes a cross claim, seeking orders that he obtains a grant of probate “in solemn [...]