FRANK and Betty have been in a de facto relationship for 20 years. Frank has three children as a result of a previous relationship. Frank seeks legal advice regarding his estate planning and in particular, how he can make a Will that “looks after” Betty, while preserving his estate for his

THIS column takes a break from the usual “Hypothetical” formula to address the important issue of elder abuse. Elder abuse is an action or lack of action by someone in a relationship of trust that causes harm to an older person. Older persons are particularly vulnerable to abuse due to frequent

BETTY makes a will, leaving her whole estate to her daughter. She decides not to include her son, Barry. When Betty passes-away, her estate is valued at around $400,000, consisting primarily of her principal place of residence, in which her daughter resides. Barry makes a “family provision” claim. Barry alleges that during his

CHRISTINE has a relatively small budget, but as a first home buyer, she is looking to enter the real estate market. She finds a unit for sale in a strata scheme and negotiates a purchase price with the real estate agent, which is within her budget in light of her pre-approved

HARRY meets Mary online and they are soon engaged. When Mary comes to Australia, Harry asks her to sign a pre-nuptial agreement. The effect of the agreement is that if their relationship ended, Mary would receive nothing. Mary receives independent legal advice to the effect that the agreement was “entirely unfair” and she

PETER and Sally are engaged to be married. Sally moves into Peter’s home and contributes towards renovations to the property. They decide to purchase an investment property and the property is registered in joint names. There is no written agreement between them in relation to the purchase. Unfortunately Peter and Sally never

NATALIE purchased a vehicle, sight unseen from a dealership in Sydney, trusting the dealership's word that the car is in "immaculate condition," and “there is nothing wrong with it”. When the car turned up, Natalie was so excited and thought it looked great. However, on closer inspection, Natalie realised the

WENDY makes a new will with the assistance of a solicitor. The “simple” will leaves the whole of her estate to six of her favourite nieces and nephews. The will is properly executed in the presence of two independent witnesses. Years later, Wendy’s relationship with another one of her nieces improves

JOHN owns his Smith Street home outright. He has two children from a previous relationship and has since been in a long-term de facto relationship with Joan. John talks to his solicitor about his estate planning. When John passes away, he wants to make sure that Joan will be able to reside

SAMANTHA owns a farm upon which the cultivation of a variety of vegetables is conducted. Robert works on the farm, but only receives an irregular and low income as compensation for his efforts. After her husband’s death, Samantha tells Robert that if he continues to work on the farm, her will inherit