Hypotheticals & Articles

Article by Manny Wood published in the Coffs Coast News Of The Area on 17 January 2025. David passes-away aged 65, leaving his second wife, Mary and his only daughter, Donna. David did not have a will. David and Mary owned a home jointly, worth $1.5 million and held joint bank accounts totalling $600,000. These joint assets passed to Mary by way of “survivorship”. David’s only other asset of significant value was an interest in a self-managed superannuation fund, worth $500,000. Mary also has an interest in the fund and under the superannuation trust deed can control the distribution of David’s superannuation, which she intends to distribute [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 20 December 2024. On Christmas Eve, Santa and his reindeer were making their annual delivery rounds and as they were soaring across Whoville they stopped in at the Grinch’s home, eager to deliver a sprinkle of Christmas cheer. When landing on the Grinch’s roof, Rudolph slipped and damaged several roof tiles. Unbeknownst to Santa, the Grinch had recently taken out an extravagant “Anti-Christmas Roof Protection Policy” with Whoville Insurance that included a special condition that explicitly excluded damage caused by “holiday-related creatures”. The Grinch, furious, wrote to Santa stating “HO, HO, NO! You [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 13 December 2024. Matthew passes-away at the age of 80 years, without leaving a will. Matthew is survived by two daughters, Penny and Dianne. Penny has 3 children. Penny and her three children lived with Matthew for many years and continue to reside in his home. Matthew also left $150,000 in shares and cash. In the absence of a will, Matthew’s estate is to be divided equally between Penny and Dianne. This would result in the sale of the home, leaving Penny and her children without accommodation. Penny makes a claim in the [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 6 December 2024. When James and Mary were married in the early 80s, they enjoyed a wonderful evening, dancing to Lionel Richie all night long. As years passed, so did their taste in music…. thankfully, however their relationship eventually soured, leading to a lengthy Court battle. James, who ran a successful business, had established a discretionary trust before his marriage, naming himself as the trust appointer and trustee. The trust continued to grow throughout their marriage, holding significant assets, including real estate and investments, which were integral to the family's wealth. During the [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 29 November 2024. Robert enters into a de facto relationship with Wendy. Six years after Robert and Wendy commence their relationship, Robert receives a $1 million inheritance from his father’s estate. Later that year, Robert and Wendy buy a house and move in together. A few years pass before their relationship sours and Wendy moves out. Robert continues to occupy the house before he unexpectedly passes-away. He does not have a will. John, Robert’s son from a previous relationship, sees a solicitor regarding his father’s estate. A Title Search is conducted, which reveals [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 22 November 2024. Garry makes a will making various gifts to his two children. Five years later, Garry is diagnosed with cancer and while admitted to hospital, makes another will, favouring one child over the other. He passes-away three days later. Garry’s capacity to make his last will is questioned and the matter proceeds to the Supreme Court. The parties choose to jointly retain a geriatrician to provide medical evidence to the Court as an expert witness. A dispute arises regarding the terms of the draft letter of instruction to the geriatrician and [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 15 November 2024. Larry and Sally enter into a de facto relationship when they are in their 50’s. They each have children to previous relationships. Ten years later, Sally begins a cognitive decline and is soon diagnosed with a progressive form of dementia. Larry and Sally occupy separate rooms before sadly, Sally is placed into an aged care facility to care for her high needs. Larry continues to reside in the matrimonial home, owned solely by Sally. Larry purchases a van, with a wheelchair lift and uses it to transport Sally. The NSW [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 8 November 2024. Harry and Wendy have been married for 7 years before separating. They are unable to reach agreement regarding the division of their assets and the matter proceeds to determination as a “priority property pool case” in Court after Harry files an application and lodges a caveat over the matrimonial home. Harry acknowledges that Wendy made all financial contributions to the acquisition of their assets but says he made non-financial contributions, including in the capacity of homemaker, and due to his future needs, asks the Court to award him 25% of [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 1 November 2024. Samantha has terminal cancer. She consults her solicitor regarding her rights under the Voluntary Assisted Dying (VAD) Act, which commenced late last year. Samantha is advised that the legislated process can allow her to be given medication to bring about her death at a time of her choice. Approval is required from the NSW Voluntary Assisted Dying Board and to be assessed, all eligibility criteria must be met. The person must be an adult who meets residency requirements in NSW and they must have a medical condition that is “advanced [...]

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 [...]