August 17, 2026
HYPOTHETICAL: Don’t let your Super fund decide
Hypothetical

HYPOTHETICAL: Don’t let your Super fund decide

SAM has diligently contributed to his superannuation fund over the years and it is now his biggest asset. Sam executes a non-lapsing binding death benefit nomination, directing who shall receive his superannuation upon his death. He nominates his wife, Wendy, as the recipient of 80 per cent of his “death benefit”, which includes a life […]

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HYPOTHETICAL: The Art of Deception
Hypothetical

HYPOTHETICAL: The Art of Deception

CARMEN was barely five feet tall, broad in the shoulders and gloriously stubborn. She believed olive oil cured most ailments, garlic improved every meal and, if an expert disagreed with her, the expert probably needed a second opinion. She trusted her judgment. That included art. While others bought paintings to match the furniture, Carmen bought […]

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Legal Hypothetical: family frozen in funeral feud
Hypothetical

Legal Hypothetical: family frozen in funeral feud

MATTHEW passes away in hospital at the age of 80 years after a short battle with an aggressive form of cancer. He is survived by his wife, Wendy, and their daughter, Penny. The medical practitioner responsible for Matthew’s medical care completes the form required to notify the Registrar of Births, Deaths and Marriages of the […]

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Legal Hypothetical: Family law, capacity and death
Hypothetical

Legal Hypothetical: Family law, capacity and death

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, […]

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Legal Hypothetical: Did he have capacity?
Hypothetical

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 […]

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Legal Hypothetical: Migration law – Love without romance
Hypothetical

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 […]

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Legal Hypothetical: Court considers quirky conditions
Hypothetical

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 […]

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Legal Hypothetical: Probe into late-life transfers
Hypothetical

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 […]

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Legal Hypothetical: Nibling rivalry
Hypothetical

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 […]

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