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: 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: Probate sought over smartphone ‘note’
PETER Smith’s health had been failing over the past few months and after paramedics are called due to complications regarding his blood sugar levels, he composes a “Note” on his smartphone, entitled “Last Will of Peter Smith”. The document appoints his friend, Ben as his executor and leaves him the bulk of his estate. The […]
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: Appointment of Enduring Guardians under attack
BETTY appoints two of her daughters as her enduring guardians. The documentation is executed by Betty in the presence of a solicitor who witnesses her signature and explains the effect of the document to Betty. Her daughters later sign acceptances of their roles as guardians and again their signatures are witnessed by a solicitor. The […]
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 […]
Legal Hypothetical: Time to tick-off a new year’s resolution
AS is common for many people at this time of year, Jack and Jill make a new year’s resolution to “get their house in order” in terms of their estate planning. They see a solicitor specialising in this field and are advised that the traditional estate planning package consists of three separate documents, being a […]