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Hypothetical by Manny Wood published in the Coffs Coast Advocate on 11 April 2020. David is married to Susan. David has two children, to a previous relationship, Christine and Charles. Susan is involved in a motor vehicle accident and unfortunately passes-away, leaving one daughter, Jenny. After Susan’s death, David executes a superannuation binding death benefit nomination and because he has had little to do with Christine, he nominates Charles and Jenny to receive his superannuation when he dies. The superannuation legislation allows David to nominate a child and/or a stepchild. […]

Hypothetical by Manny Wood Published in the Coffs Coast Advocate on 4 April 2020. Charles and Mary have been married for six years. They have a six-year-old child. They reside in Mary’s home. At the commencement of their relationship, Charles’ former de facto partner seeks a $100,000 payment by way of a property settlement. Charles borrows this money from Mary’s parents and pays the funds to his former partner. In return, he receives their former matrimonial home which he places on the market. When the property is sold, the net proceeds of sale amount to $50,000. Charles uses the funds to purchase a Mercedes-Benz for $70,000. He borrows [...]

Hypothetical by Manny Wood Published in the Coffs Coast Advocate on 28 March 2020. David passed away in 2003. He left the whole of his estate to his second wife, Diane. The estate is distributed to Diane shortly thereafter. When Diane passes away in 2016, her will leaves $100,000 to Penny, a daughter to a previous relationship of David and leaves the rest of her $2 million estate to Diane’s nieces and nephews. Penny believes she is entitled to more from the estate and seeks legal advice. Penny is advised that she is not able to make a claim against Diane’s estate because she was never dependent upon [...]

Manny started work at the firm in 2010. He started his legal career in Sydney before making the sea change to Coffs Harbour in 2007 and soon settled at Ticli Blaxland as an employee of Sam Ticli and Jack Blaxland.Manny says; “I was attracted to the firm because of its high standards and excellent reputation within the community. I also enjoyed being mentored by the extremely knowledgeable and experienced partners.” […]

Hypothetical by Manny Wood Published in the Coffs Coast Advocate on 21 March 2020. Wendy makes a will with her solicitor. Two days later, after considering her wishes further, Wendy makes a video recording with the assistance of her son, expressing her wishes to change some aspects of her will. Wendy dies three months later. […]

Hypothetical by Manny Wood Published in the Coffs Coast Advocate on 14 March 2020. David passes away unexpectedly at the age of 40. He is not in a relationship at the time of his death but he leaves one child, Harry aged 13. David only had a brief relationship with Harry’s mother and had no contact with Harry whatsoever since he was born. David’s will leaves monthly payments to Harry’s guardian, equivalent to his child support obligations, until Harry turns 18. David’s will leaves the rest of his $1 million estate to his two parents. […]

Hypothetical by Manny Wood Published in the Coffs Coast Advocate on 29 February 2020. Robert suffers from a mental illness. Robert has difficulty committing to full-time employment and is often unemployed for several months at a time. Robert makes a claim for permanent disability under his superannuation policy on the basis that he suffers from a “bipolar affective disorder with predominant depressive symptoms”. He receives $250,000 as a result of his claim. Robert’s mother, Joan watches Robert spend the money and is concerned that when she passes away, Robert will squander his inheritance. Joan is also concerned that Robert will not provide proper support for his children. [...]