Mr B granted power of attorney to his daughter M.
B had significant medical issues and was highly vulnerable.
When B lost his capacity, and needed to move into a nursing home, M sold her father’s home under power of attorney.
However she did not use the money to pay the upfront capital cost of a Refundable Accommodation Bond.
Several times each year my phone rings and someone asks me how they can locate and view the Will of someone close to them.
The circumstances of these requests vary, but can be broken down into two main groups: Someone has recently died, and their relative wants to know if they are a beneficiary; or an elderly person is becoming forgetful and their relative is concerned that they have been coerced into changing their Will, and want to satisfy their curiosity.
England’s second-highest court has granted an ex-wife a THIRD bite at the cherry – 12 years after the divorce, because her ex-husband kept lying about (not disclosing) his assets.
In February 2023, Julia Goddard-Watts (the wife) won the first stage of her appeal against an England and Wales Family Court judgment that left her with less than 10 per cent of the assets from her 14-year marriage to businessman James Goddard-Watts (the husband).
… an interview* with refreshingly honest observations from a specialist lawyer …
After 35 years in legal practice, there isn’t much that still surprises Rod Genders. He’s pretty much seen it all.
I have made my Will with him, and I am glad to have his strength and knowledge on my side. Standing at 6’4” Genders is a big man, and he has an imposing presence. I wouldn’t like to confront him in Court – or in a dark alley, for that matter!
2022 has been a terrible year for losing heroes of my youth.
Cricketers Rod Marsh and Shane Warne, were followed by singers Judith Durham and Olivia Newton-John.
Now John Farnham has just undergone surgery for throat cancer.
This brought up some recollections about the time when I was young:
You only have to look at the newsfeeds and internet chat forums to see that people are talking about the increasing numbers of challenges to Wills and deceased estates nowadays.
Here are the seven main reasons why:
No Will
Recent research reveals 52 per cent of adult Australians don’t have a Will.
The majority of Australians are letting their families down in one key area — more than half of Australian adults don’t have a Will, even though it could mean their families are left out in the cold in the event of their death.
In my profession we have an expression: “You never know anyone until you share an inheritance with them”.
It is a true revealer of character. In my work as a lawyer specialising in Wills and estates, I am witness to some appalling human behaviour.
Due to the popularity of this series of articles, here are some more examples as cautionary tales:
An old man lies dying in a hospital bed. His Will was made less than a year earlier, leaving everything equally between his 3 kids.
In my work as a lawyer specialising in Wills and estates, I am witness to some appalling human behaviour.
Due to the popularity of this series of articles, here are some more examples as cautionary tales:
In my 35+ year career I have frequently had to try to deal with joint executors in a deceased estate, some of whom could not agree on the colour of an orange.
In my work as a lawyer specialising in Wills and estates, I am witness to some appalling human behaviour.
Due to the popularity of this series of articles, here are some more examples as cautionary tales:
Probate fraud can take many forms and, like many other types of fraud, it has steadily increased in recent years, more so during the COVID-19 pandemic.
Coercive Control, Granny Napping and Predatory Marriages are all occurring with increasing frequency.
There have been 2 Royal Commissions already exploring some of these issues, with more to come. The common theme is the financial exploitation of vulnerable older people in western society.
Financial exploitation disproportionately affects older people in Australia, UK and USA.