Unfortunately, particularly during our advancing years, many of us reach the point, either mentally or physically, where we are unable to manage our financial affairs. You can execute a Power of Attorney now, which will only become active if you one day become unable to manage your affairs and this is evidenced by a letter from a medical practitioner. […]
Hypothetical by Manny Wood Published in the Coffs Coast Advocate on 22 February 2020. Robert purchases a stud bull from Max at an auction. The Auction Brochure describes the bull as a valuable type of Angus bull. Robert purchases the bull for $30,000 for breeding purposes. Subsequent DNA testing reveals that the bull is not what it seems and is incapable of being registered. Robert commences action in the District Court alleging that Max has engaged in misleading and deceptive conduct. […]
Hypothetical by Manny Wood Published in the Coffs Coast Advocate on 8 February 2020. Mary passes away leaving her whole estate to her niece, Katherine under the terms of a will that she made two years before she passed. The estate comprises of two properties in Sydney, shares and cash totalling $7 million. Mary’s nephew, Ryan challenges the validity of Mary’s will, claiming that she lacked the capacity to make the will and that she did not “know and approve” the contents of the will. Ryan received a one-third share of Mary’s estate under the previous will. […]
Hypothetical by Manny Wood Published in the Coffs Coast Advocate on 1 February 2020. Bill, married to his second wife Mary, has two children to a previous relationship. Bill consults his solicitor about making a will that looks after Mary as well as providing for his two children. […]
The Fair Work Act 2009 (the Act) provides permanent employees of most NSW employers protection from unfair dismissal, including employees of small businesses. A Small Business Employer is defined as one with fewer than 15 employees. However, the Act treats Small Business Employers differently to larger employers in several key respects, most notably the Small Business Fair Dismissal Code (the Code). […]
The State Insurance Regulatory Authority (“SIRA”) has released the fifth version of the Motor Accident Guidelines which took effect from 20 December 2019. It is important for motorists to be aware of the key changes in the revised version to be better informed of their legal rights and entitlements. […]
If you are in a blended family, it is common that a Will may be drafted that allows your executor to acquire an interest in an aged care facility for the benefit of your surviving spouse. This can become a problem because frequently the contract with the retirement village or aged care facility may require the accommodation bond to be refunded to the estate of the life tenant. […]
Hypothetical by Manny Wood Published in the Coffs Coast Advocate on 25 January 2020. Bill was planning an expedition to explore the Australian outback. On his way to the outdoor-gear store, he was involved in a serious motor vehicle accident which resulted in him requiring immediate life-saving surgery. Bill was conveyed to the nearest hospital and placed under the care of Dr Simpson, Surgeon. Before commencing surgery, the theatre Anaesthetist, Dr Gerald, needed to place Bill under anaesthetic. The anaesthetic was stored in a glass vile which itself was placed in disinfectant liquid to ensure its exterior was sterile. […]
Hypothetical by Manny Wood Published in the Coffs Coast Advocate on 18 January 2020. Sam passes away, leaving two children, Michelle and Harry. Sam’s will leaves Michelle $10,000 and the rest of his estate to Harry. Ten years earlier, Sam transferred his home to himself and Harry as joint tenants. The intention was that when Sam died, Harry would receive the house by way of survivorship. No money changed hands. They hoped that this would prevent Michelle from making a successful claim against the house when Sam died. […]
Hypothetical by Manny Wood Published in the Coffs Coast Advocate on 11 January 2020. Jack and Jill make a New Year’s resolution to get their estate planning up-to-date. This has been their same New Year’s resolution for several years now. Jack and Jill attend an appointment with their estate planning lawyer and they first discuss their wills. Jack and Jill advise the lawyer that they have a blended family. This means that they both have children from a previous relationship. They are advised that they can make relatively simple wills at minimal cost that will reflect their wishes but that these simple wills may be at risk of [...]