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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
