WENDY passes away, leaving four adult children. One of her children, Larry has been through an acrimonious and expensive family law property settlement and as a consequence no longer owns a home. Wendy’s other children are relatively well-off, so she makes a Will, giving her home to Larry and the rest of her estate to […]
PENDING the birth of their first child, Peter and Jane were staying with Jane’s mother, Betty. At the time, Betty was involved in a difficult divorce with her husband. They agree that if Peter and Jane help Betty with finance, they can retain the home and in return they would be registered on title. As […]
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 […]
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 […]
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 […]
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 […]
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 […]
IN tragic circumstances, Wendy’s son, William, passes away. Aware that William did not have a Will, Wendy contacts a solicitor to commence the administration of her late son’s estate. Wendy believes that she is William’s “next of kin” on the basis that William was never married, was not in a de facto relationship when he […]
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 […]
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, […]
