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.

Local tuna brand ‘takes on the big guys’

A Sunshine Coast tuna brand is set to expand its reach on the national and international stage. Walker's Tuna has been shortlisted for an Australian More

Jane Stephens: the price is not right

In 2017, with celebrity chef Curtis Stone at the fore, grocery giant Coles said it could feed a family of four a hearty meal More

Wises Farm development plan approved unanimously

Sunshine Coast councillors have voted unanimously to allow the development of about 420 dwellings on Wises Farm. The 39-hectare property, which has been owned by More

Local talent to headline food and wine festival return

The Noosa Food & Wine Festival will return this year, with organisers unveiling new program details and highlighting strong involvement from Sunshine Coast chefs More

Council moves to protect iconic surf break

An iconic local surf break could soon receive greater protection after council endorsed a motion to recognise it in a proposed management plan. Noosa Council More

Airport details new retail and food plans

Sunshine Coast Airport has announced a new retail, food and beverage partnership that will see the largest commercial investment in the facility's history. The partnership 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