GREG passes-away and leaves his $1 million estate to his only surviving son, Craig. Greg’s only other son, died several years ago, leaving four children of his own, one of them being Peter. When Peter discovers that his grandfather had not included him in his will, he seeks legal advice and makes a “family provision” […]
Legal Hypothetical: ‘Ambit, opportunistic and cascading’ claim challenged
GREG passes-away and leaves his $1 million estate to his only surviving son, Craig. Greg’s only other son, died several years ago, leaving four children of his own, one of them being Peter. When Peter discovers that his grandfather had not included him in his will, he seeks legal advice and makes a “family provision” […]
Legal Hypothetical: Deathbed promise and bank withdrawals
SCOTT, battling cancer, has a prognosis of just 12 months to live. Scott calls his sister, Mary, and asks her to come and live with him as his full-time carer. He tells her that if she does so, he will give her half of his estate when he passes-away. Mary tells Scott that she will […]
Legal Hypothetical: Neighbourhood dispute escalates to expensive claim
PENNY is talking to her neighbour, Wendy on the nature strip in front of their properties. A dispute arises between them when Wendy claims that the nature strip is her property and Penny is not allowed to do any gardening on the strip. After a heated exchange, Penny inadvertently touches Wendy’s hat, meaning to touch […]
Legal Hypothetical: Dispute regarding right to reside in home
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 […]
Legal Hypothetical: Time to tick-off a new year’s resolution
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 […]