Hypotheticals & Articles

Article by Manny Wood published in the Coffs Coast News Of The Area on 7 February 2025. Micks Marketing Pty Ltd (MM) leased a commercial building from Sub Tropics Commercial Pty Ltd (STC) and after a couple of years, significant cracking appeared in the exterior walls of the building. MM promptly informed STC about the damage, emphasising the need for maintenance to prevent further issues. However, STC failed to take any action. The exterior walls continued to degrade, with concrete dislodgement creating a dangerous environment for employees and visitors. The cracks also led to water damage inside the building, creating further disruption and potential health hazards. Concerned about the [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 31 January 2025. Tanya moves in with her grandmother, Helen, for several years before she signs a rental agreement and continues to stay there until Helen’s death. Helen makes a will, dividing her estate equally amongst her children and Tanya, with the effect that they each receive a quarter of her estate. When Helen makes her will, she also executes a Power of Attorney appointing Tanya as her attorney, so that she can manage her grandmother’s financial affairs. During her occupation of Helen’s home, Tanya provides some care for Helen and cooks her [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 24 January 2025. As is common for many people at this time of year, Jack and Jill make a New Year’s Resolution to “get their house in order” in terms of their estate planning. They see a solicitor specialising in this field and are advised that the traditional estate planning package consists of three separate documents, being a Will, Power of Attorney and Appointment of Enduring Guardian for each of them. Their wills appoint an executor to distribute their estates in accordance with the terms of their will, upon their passing. Wills can [...]

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 [...]