Hypotheticals & Articles

Article by Manny Wood published in the Coffs Coast News Of The Area on 18 April 2025. Frank and Betty have been in a de facto relationship for 20 years. Frank has three children as a result of a previous relationship. Frank seeks legal advice regarding his estate planning and in particular, how he can make a Will that “looks after” Betty, while preserving his estate for his three children. The solicitor advises Frank that he can make a Will which grants Betty the right to reside in his home and the right to relocate to alternate accommodation, if appropriate, under the authority of his executor. When [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 11 April 2025. This column takes a break from the usual “Hypothetical” formula to address the important issue of elder abuse. Elder abuse is an action or lack of action by someone in a relationship of trust that causes harm to an older person. Older persons are particularly vulnerable to abuse due to frequent declines in their physical health and cognition. Elder abuse can include neglect, financial abuse and domestic violence. Unfortunately, reported instances of elder abuse are increasing. The most common abusers are family members, friends and neighbours. Adult children, who are [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 4 April 2025. Betty makes a will, leaving her whole estate to her daughter. She decides not to include her son, Barry. When Betty passes-away, her estate is valued at around $400,000, consisting primarily of her principal place of residence, in which her daughter resides. Barry makes a “family provision” claim. Barry alleges that during his childhood, he was the victim of domestic violence. He says that as a result, he performed poorly at school and left before completing his school certificate. Barry says that he had a good relationship with his mother [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 28 March 2025. Christine has a relatively small budget, but as a first home buyer, she is looking to enter the real estate market. She finds a unit for sale in a strata scheme and negotiates a purchase price with the real estate agent, which is within her budget in light of her pre-approved finance. The real estate agent forwards a “sales advice” to Christine’s solicitor, who advises her to obtain a strata report before signing the contract for the purchase of the property. The strata report is prepared by an independent inspector [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 21 March 2025. Harry meets Mary online and they are soon engaged. When Mary comes to Australia, Harry asks her to sign a pre-nuptial agreement. The effect of the agreement is that if their relationship ended, Mary would receive nothing. Mary receives independent legal advice to the effect that the agreement was “entirely unfair” and she should not sign it. Nonetheless, Mary signs the agreement and the wedding proceeds just 10 days later. Unfortunately, 4 years later, Harry and Mary separate and a dispute arises in relation to the validity of the pre-nuptial [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 14 March 2025. Peter and Sally are engaged to be married. Sally moves into Peter’s home and contributes towards renovations to the property. They decide to purchase an investment property and the property is registered in joint names. There is no written agreement between them in relation to the purchase. Unfortunately Peter and Sally never marry, and 18 months after their relationship commenced, Peter and Sally separate and their relationship comes to an end. A dispute arises in relation to the investment property and Peter files a claim in the Supreme Court of [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 7 March 2025. Natalie purchased a vehicle, sight unseen from a dealership in Sydney, trusting the dealership's word that the car is in "immaculate condition," and “there is nothing wrong with it”. When the car turned up, Natalie was so excited and thought it looked great.  However, on closer inspection, Natalie realised the car had travelled 300 kilometres more than advertised, lacked promised features such as Bluetooth compatibility and was missing essential equipment like the run-flat tire inflator. To add to her woes, the vehicle displayed a sensor warning light once it was [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 28 February 2025. Wendy makes a new will with the assistance of a solicitor. The “simple” will leaves the whole of her estate to six of her favourite nieces and nephews. The will is properly executed in the presence of two independent witnesses. Years later, Wendy’s relationship with another one of her nieces improves and Wendy decides to include her as a beneficiary under her will. To save money, Wendy attends her solicitor’s office and asks for the release of her original will. After its release from safe custody, Wendy returns home and [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 21 February 2025. John owns his Smith Street home outright. He has two children to a previous relationship and has since been in a long-term de facto relationship with Joan. John talks to his solicitor about his estate planning. When John passes-away, he wants to make sure that Joan will be able to reside in the Smith Street property, but he also wants to make sure that his children will ultimately benefit from his estate. John is advised that he is able to make a will which includes special provisions, granting Joan “equitable [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 14 February 2025. Samantha owns a farm upon which the cultivation of a variety of vegetables is conducted. Robert works on the farm, but only receives an irregular and low income as compensation for his efforts. After her husband’s death, Samantha tells Robert that if he continues to work on the farm, he will inherit the property when she passes away. Over the years, Samantha makes several Wills to this effect. Nonetheless, the arrangement between Samantha and Robert is never put in writing and there are no witnesses to the agreement. Robert works [...]