SAM makes an enduring power of attorney (POA), appointing his two children as his attorneys. The appointment is drafted and witnessed by a solicitor. Sam’s children later sign their acceptances of the role and in doing so, declare that they will act in Sam’s best interests. The POA allows either of Sam’s children to immediately […]
Legal Hypothetical: Two heads not always better than one
JACK passed away in November 2023. He appointed his two sons as executors of his estate. Jack was also survived by a daughter and his estate is to be equally divided between his three children. Despite the expiry of 18 months after Jack’s death, his daughter is concerned that no steps have been taken to […]
Legal Hypothetical: Go for wool and come home shorn
HARRY makes a will, leaving 50 percent of his estate to his eldest son, Steven. His other son, Robert receives just 15 percent and the rest of the estate is to be distributed amongst other family members and friends. When Harry passes away three years later, his estate is valued at $3 million. After Harry’s […]
Legal Hypothetical: Estranged wife gets house?
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 […]
Legal Hypothetical: Promises become property problems
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
