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 […]
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 […]
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 […]
BARBARA and Wally have been in a de facto relationship for six years. There is one child of the relationship, their four-year-old daughter. When their relationship breaks down, Barbara and Wally seek legal advice and are able to negotiate consent orders, which resolve parenting issues in relation to their child. They are also able to […]
FOLLOWING a recent health scare, Peter opens the Notes application on his iPhone and creates a document entitled “last will”. The note appoints his brother William as his executor, gifts his house and contents to his brothers and after some monetary gifts to friends and family, gifts the balance of his bank accounts to William. […]
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 […]
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 […]
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 […]
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 […]
