October 4, 2025
Legal Hypothetical: The last note
Hypothetical

Legal Hypothetical: The last note

MATTHEW is married and runs his own business. He obtains income protection insurance. Unfortunately, Matthew’s marriage breaks down. A few years later he is diagnosed with schizophrenia. Matthew finds it difficult to work consistently and claims income protection payments on his policy. When his mother passes away, after developing dementia, Matthew’s mental state suffers a […]

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Legal Hypothetical: Ammunition in the face of a claim
Hypothetical

Legal Hypothetical: Ammunition in the face of a claim

BOB has been estranged from his eldest son, following a physical altercation which occurred on Christmas Day, 20 years ago. When Bob decides to make a new Will, he consults a solicitor regarding his son’s rights to claim inheritance. He is informed that despite the lengthy estrangement, his son can still make a claim against […]

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Legal Hypothetical: Superannuation payment traps
Hypothetical

Legal Hypothetical: Superannuation payment traps

WENDY makes enquiries with her superannuation fund regarding the payment of her funds in the event that she unexpectedly passes away. Wendy is advised that because she is not in a relationship and has no children, that she should execute a non-binding death benefit nomination. She also has the option of making a binding nomination […]

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Legal Hypothetical: Judge examines DIY Will
Hypothetical

Legal Hypothetical: Judge examines DIY Will

Harry makes a Will, using a home-made Will kit, leaving his Smith Street property to his daughter, Wendy. The Will makes no reference to Harry’s other assets. Wendy had been living with Harry and assisting with his care. A few years later, Harry obtains a reverse mortgage, due to financial pressures. The mortgage is registered […]

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Legal hypothetical: tragic end to family holiday
Hypothetical

Legal hypothetical: tragic end to family holiday

STEVE and his extended family go on a holiday to North Queensland. Following a heated debate regarding the sleeping arrangements and the activities itinerary, he takes a walk along the beach at dusk in an area known to be populated by crocodiles. He never returns. Steve owned real estate jointly with his wife, Linda. He […]

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Legal Hypothetical: Family feud over finances
Hypothetical

Legal Hypothetical: Family feud over finances

ALAN appoints his three children, Jim, Robert and Mary as his attorneys under a validly executed enduring power of attorney. Alan’s children are appointed “jointly and severally”, so that either one of them can use their power as Alan’s attorney without the consent of the others. Several years later, at 90 years of age, Alan […]

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Legal Hypothetical: No bars on estate claim
Hypothetical

Legal Hypothetical: No bars on estate claim

MARVIN had been estranged from his family for several years and is now serving a lengthy prison sentence for a serious criminal offence. As a former legal officer in a national security agency, he was charged with leaking classified information. Following the death of his mother, Hilary, in 2023, her Will appointed her daughter, Emily, […]

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Legal Hypothetical: How much is just enough?
Hypothetical

Legal Hypothetical: How much is just enough?

BETTY has two sons, Matthew and Daniel. She makes a will and sadly passes-away just a few days’ later. The will appoints Matthew as the executor. Daniel receives a lump sum legacy of $300,000 and Matthew receives the rest of the estate. When Daniel discovers that the estate is worth $3.5 million, he obtains legal […]

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Legal Hypothetical: Residence rights questioned after assault
Hypothetical

Legal Hypothetical: Residence rights questioned after assault

SIBLINGS William and Ken became the registered proprietors of their late mother’s home when she passed-away 15 years ago. They have both been living in the home since. Unfortunately, whilst in their 70s, an incident occurs whereby Ken assaults William with a baseball bat, causing him bodily harm. He is charged and enters into a […]

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