100% Locally Owned, Independent and Free

100% Locally Owned, Independent and Free

Business 2 Business: Lawyers, a ladder and a dictionary

Sponsored Content

Do you have a news tip? Click here to send to our news team.

Declaration sets stage for up to 12,000 homes

A new Priority Development Area (PDA) has been declared to streamline planning for a large community on the Sunshine Coast. The Halls Creek PDA encompasses More

Fresh plans flagged for key site in town centre

A revised development proposal is expected for a prominent vacant site after plans for a larger project failed to gain approval. A group is preparing More

Longstanding cinema complex for sale

One of the region’s most recognisable entertainment destinations has been listed for sale, with strong interest expected from investors. The Noosa Cinema Complex is expected More

‘Amazed we survived’: organisation finds new home

A Sunshine Coast charity and social enterprise has made a vital move after a challenging period. Golf Programs Australia Incorporated, which uses golf to support More

Bank goes against grain with $2m upgrade of branch

A major bank has reinforced its commitment to a Sunshine Coast town and face-to-face services by unveiling a renovated branch. CommBank has undertaken a $2 More

World-leading turtle rescue efforts recognised

A Sunshine Coast aquarium has been recognised as a global leader in sea turtle conservation following a significant year of rescue and rehabilitation work. SEA More

What do these things have in common?

They were all key ingredients in a recent case before the Queensland Supreme Court.

Robert thought his estate planning was in place. After all, Robert had a Will; a death benefit nomination to deal with his self-managed super fund; and an enduring power of attorney.

Sadly, Robert fell off a ladder, suffered a brain injury and lost capacity. Robert’s wife then also died unexpectedly.

Robert’s superannuation nomination didn’t really cater for the unexpected passing of his wife.

Robert’s enduring power of attorney gave his Attorney an express power to ‘renew’ Robert’s Superannuation Nomination.

Could Robert’s attorney simply renew Robert’s existing nomination, or could the attorney actually change the nomination and the percentage received by the beneficiaries under it?

The court ultimately found the dictionary meaning of renew was broad enough to allow Robert’s attorney to make a superannuation nomination that was different to the one Robert had made.

There were a lot of other issues at play in the court proceedings, but the clear take-away message is that you shouldn’t attempt to do your estate planning without legal advice.

Trent Wakerley, Director, Kruger Law, Level 3, Ocean Central, Ocean Street, Maroochydore, 5443 9600, krugerlaw.com.au

This column is part of our Business 2 Business (B2B) series featuring industry leaders sharing their expertise. For more great articles, SUBSCRIBE to our FREE news feed, direct to your inbox daily. All you need to do is enter your name and email below.

Subscribe to SCN’s free daily news email

This field is for validation purposes and should be left unchanged.
This field is hidden when viewing the form
[scn_go_back_button] Return Home
Share