Question
Alex (who is single and aged 27) left to go overseas without putting in place a will or power of attorney for himself. His fiance,
Alex (who is single and aged 27) left to go overseas without putting in place a will or power of attorney for himself. His fiance, Jane, remained at home in the house that Alex had purchased with a mortgage and the first home-owner's grant 18 months previously. Their furniture is jointly owned, as is a car they purchased with a personal loan. Alex has a bank account into which his salary is paid and Jane also has a separate account in her name. Alex is expecting an inheritance from his uncle's estate within the next year. Alex has a $15,000 superannuation accumulation and $200,000 worth of life cover in his superannuation.
Alex is critically injured in a terrorist attack. He is hospitalised in a coma, and remains in this condition for 5 months, after which time he dies.
Required:
aWhat are the legal problems posed by the 5 month period during which time Alex is in a coma? (Consider the problems for both Jane and for Alex.) Discuss.
bWhat are the legal problems that arise after Alex's death in view of the facts provided above? (Consider the problems for both Jane and for Alex's estate.) Discuss.
cWhat are the assets of Alex's estate? Discuss.
dWhich item/s is Jane able to retain/claim following Alex's death without waiting for a legal release from the executor of Alex's estate? Discuss.
eWhat will happen to Alex's superannuation and life insurance upon his death? Discuss.
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