HARRY and Wendy have been married for 10 years. When the relationship deteriorates, Wendy moves out of the jointly owned matrimonial home. There are no children to the relationship. Harry and Wendy continue to reside separately for 10 years, before Harry is diagnosed with Alzheimer’s Disease. He appoints his son Peter, from a previous relationship, […]
Legal Hypothetical: Enough is a feast
RUTH has five children. She makes a will leaving the whole of her estate to all of her children equally. When Ruth passes away, her estate is valued at $1.5 million. Ruth’s youngest son, Roger, makes a family provision claim against the estate, seeking a right to reside in Ruth’s home for life and in […]
Legal Hypothetical: Banking on Mum – A gift or undue influence?
EVELYN died at the age of 89, leaving an estate valued at approximately $3 million. Her will divides the estate equally between her four adult children. In the final months of her life, however, Evelyn transferred $180,000 to one of her children, Amanda. At the time, Evelyn was frail and relied heavily on Amanda, who […]
Legal Hypothetical: Migration law – Love without romance
ANITA, a foreign citizen, has been living in Australia on a temporary visa and has been unsuccessful in obtaining a long-term visa. Anita meets an elderly Australian widower while volunteering at a neighbourhood community centre. Patrick is 85 years old and has lived alone since his wife died six years earlier. Anita initially visits regularly […]
Legal Hypothetical: Did he have capacity?
MICHAEL has been suffering from chronic schizophrenia since the 1980s and his affairs are under the control of the Trustee and Guardian. When he passes away, his cousins stand to receive the whole of his estate, on the basis that they understand that Michael did not leave a will and that his estate would be […]
Legal Hypothetical: Court considers quirky conditions
TERRY makes a will, leaving his large estate to his six children subject to some very unusual conditions. His first child only receives his inheritance if she is baptised. His second child only receives her inheritance if she abstains from alcohol consumption for twelve months. His third child only receives his inheritance if he obtains […]
Legal Hypothetical: Probe into late-life transfers
ALAN makes a will, leaving the whole of his estate to his three daughters. However, shortly before he passes away, he makes a new will, leaving the whole of his estate to his neighbour, Henry. When Alan passes away, his daughters seek legal advice and soon commence proceedings. Henry says that he had formed a […]
Legal Hypothetical: Nibling rivalry
RUTH never married and never had any children. When Ruth passes away, she leaves an estate worth $1.5 million. This includes a substantial superannuation fund, which was paid to her estate. Ruth’s last will appoints her only surviving sibling, Gary, as her executor, who also receives a 50% share of the estate, after the payment […]
Legal Hypothetical: elder abuse, a cautionary tale
KAREN is concerned that her elderly mother, Mary, is lacking the ability to manage her affairs. Karen makes an appointment with a solicitor, with a view to drafting a Power of Attorney and an Appointment of Enduring Guardian for Mary. Karen is present at the appointment with the solicitor and she does most of the […]
Legal Hypothetical: exes, estates and entitlement
TRACEY died unexpectedly at 56, leaving no will. Her estate was substantial and was largely made up of investment properties she had acquired over many years. She had no children and her next of kin were her brother, Kieran, and her two sisters. Soon after Tracey’s death, Tina, a 48-year-old woman, asserted that she and […]
