Hypotheticals by Manny Wood Published in the Coffs Coast Advocate on 12 January 2019.
Penny commences action against Diane.
Diane is the executor of her late husband’s estate. Diane’s husband had two children to a previous relationship namely, Penny and Belinda.
The estate is small and Diane, Penny and Belinda each receive an equal share of the estate, equating to around $200,000 each.
In addition, Diane receives the home that was jointly owned between her and her husband, valued at $400,000.
Diane finds the litigation extremely stressful. She feels that she is under attack and thinks that it is unfair that she must endure an expensive and at times, confusing process, in order to protect her modest inheritance.
Diane is also aware that as executor, she has an obligation to protect Belinda’s interests. This makes it difficult for her to settle the matter.
During a two-day hearing, Diane is called for cross-examination. Her financial affairs are the subject of enquiry and the intimate details of her relationship with her husband are investigated, including a claim that Diane would at times during the relationship with her husband act violently and aggressively towards him.
The judge stops the cross-examination on numerous occasions so that Diane can compose herself before continuing.
The parties each incur legal costs of around $75,000.
After the hearing, Diane endures a four month wait before a written judgement is handed-down.
Diane has difficulty understanding the lengthy judgement which considers various jurisdictional issues that she does not think are relevant to her case.
At the end of a lengthy and stressful process, Diane is relieved that she has successfully defended Penny’s claim and in addition, Penny has been ordered to pay all of the legal costs involved.
If you would like Manny to address a particular legal issue, send your request to manny.wood@ticliblaxland.com.au or call him on (02) 6648 7487.
