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 […]
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 […]
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, […]
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 […]
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 […]
Legal Hypothetical: Small estate, big costs
ANNE is superstitious about making a will. She resides in a nursing home and has a modest bank account. She considers that her assets are not of sufficient value to warrant the making of a will. When Anne passes-away, a bond is refundable from the nursing home and with her bank account, her assets total […]
Legal Hypothetical: Mutual Wills challenged in Supreme Court
PETER and Penny have a daughter, Diane and a son, Daniel. Peter and Penny purchase a home in which to live with Daniel. The property is registered in Daniel’s name. Later, Daniel moves-out and Peter and Penny continue to reside in the property. Peter and Penny enter into a Deed with Daniel to the effect […]
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: ‘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 […]