Legal Hypothetical: Provision for multiple wives Hypothetical - A Legal Look by News Of The Area - Modern Media - August 26, 2021 JAKE belongs to a religious group that practices polygamy. He meets and falls in love with Amy, another member of the group and they are eventually married. A few years into their marriage, Jake has taken two more wives. A religious wedding ceremony is held for each subsequent marriage. Although the law does not
Legal Hypothetical: Demystifying executorial responsibilities Hypothetical - A Legal Look by News Of The Area - Modern Media - August 19, 2021 JOHN is named as executor in his late father’s will. He seeks legal advice regarding his role and is advised that an executor has the right to make the funeral arrangements. The funeral account can be paid from his father’s savings account and after the payment is made, the account will be
Legal Hypothetical: Real Estate Gift, Public Trustee and Centrelink Hypothetical - A Legal Look by News Of The Area - Modern Media - August 16, 2021 Real Estate Gift, Public Trustee and Centrelink WILLIAM lives with his mother, Michelle. She has a history of mental illness and at the age of 75 years, William also becomes her carer. William and Michelle visit a solicitor together and ask the solicitor to transfer Michelle’s home into William’s name by way of
Legal Hypothetical: Superfund exercises discretion against member’s wishes Hypothetical - A Legal Look by News Of The Area - Modern Media - August 5, 2021 Superfund exercises discretion against member’s wishes DAVID has been living with his de facto wife for 10 years. He has two daughters to a previous relationship and his partner has three daughters of her own. As part of his estate planning, David executes a non-binding death benefit nomination, leaving the whole of his
Legal Hypothetical: Alleged breach of trust Hypothetical - A Legal Look by News Of The Area - Modern Media - July 30, 2021 PENNY, in her 80’s, has no children of her own. She is assisted with her housework, laundry and shopping by her niece, Diane. Penny tells Diane that she needs to go into a nursing home and asks her to arrange for the sale of her home. Penny signs an Authorisation to pay the
Legal Hypothetical: Strata Scheme Sting Hypothetical - A Legal Look by News Of The Area - Modern Media - July 25, 2021 Strata Scheme Sting LUCY and George were recently engaged to be married and began looking for their first home. They soon purchased a duplex in a small strata complex, consisting of just two lots. The duplexes shared a main wall and the common property consisted of a small garden shed, a driveway, a
Legal Hypothetical: Sham marriage and unconscionable dealings claim Hypothetical - A Legal Look by News Of The Area - Modern Media - July 16, 2021 Sham marriage and unconscionable dealings claim DAVID and his first wife migrated to Sydney with their children in the 1970s. David is poorly educated and has a very limited grasp of the English language. When David’s first wife passes-away in 2012, Penny moves into his home. One year later, David and Penny are married
Legal Hypothetical – Handling issues of dementia Hypothetical - A Legal Look by News Of The Area - Modern Media - July 9, 2021 IN his early sixties, Frank is diagnosed with a relatively aggressive form of early onset dementia. Aware that he is not well, he asks two of his children, Pat and Betty to help him organise his affairs. Pat and Betty are concerned that Frank does not possess the requisite capacity to make
Legal Hypothetical – Financial manager’s hands tied Hypothetical - A Legal Look by News Of The Area - Modern Media - July 1, 2021 Financial manager’s hands tied Sally and William have been married for 30 years. They own their matrimonial home jointly. At the age of 75, William is diagnosed with dementia and soon loses the ability to manage his affairs. Unfortunately, William had not executed a power of attorney or an appointment of enduring guardian, so
Legal Hypothetical: No ashes for attorney Hypothetical - A Legal Look by News Of The Area - Modern Media - June 23, 2021 JOAN was married to Patrick for 15 years. Joan has three children from a previous marriage, being Brian, Angus and Julie. When Joan began developing early signs of dementia, Joan and Patrick appointed each other as their enduring power of attorney. The usual provisions of their power of attorney allowed the spouse to