SANTA Claus, a citizen of Scandinavia, applied for a temporary partner visa to the North Pole after marrying Mrs Claus, a citizen of the North Pole and a local gift-wrapping virtuosa. Between them, they had five elfchildren under twelve. The youngest had just learned to waddle in curled shoes; the eldest could turn any mention […]
Legal Hypothetical: Painted into a corner
MARY is interested in purchasing a unit in a local housing development. The unit is yet to be constructed, so she proposes to purchase the unit “off the plan”. Mary negotiates a price with the real estate agent and a draft contract is soon sent to her conveyancer of choice. The contract states that Mary […]
Legal Hypothetical: Selling the house… any day now
ANNETTE died in late 2021. In her will, she appointed her two eldest children, Fiona and Sean, as co-executors. Her estate consisted largely of a coastal cottage where Sean had been living intermittently for several years. Under the will, the cottage and the remainder of the estate were to be divided equally between Fiona, Sean […]
Legal Hypothetical: The high price of proof
SALLY and Harry have been married for 25 years. Sally transfers her home into joint names with Harry as “joint tenants”. Five years later, Sally is moved into a care facility and passes-away two years later at the age of 85. Sally leaves a daughter from a previous relationship, Penny. When Penny discovers that as […]
Legal Hypothetical: Alleged financial elder abuse
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 […]
