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.

Linking uni’s big ideas with business

The architect behind some of the Coast's most transformative economic development projects has taken on a new challenge with the University of the Sunshine More

Police investigate serious highway crash

Police are investigating a serious crash involving three Sunshine Coast men on the Bruce Highway. Initial enquiries indicate that just before 6.40am, a red Mitsubishi More

New deadline bid for long-running development

An eight-storey mixed-use development approved for a high-profile coastal site is the subject of another time-related application, with documents showing the project remains in More

Police appeal for help to locate girl

Police are appealing for public assistance to locate a 14-year-old girl, missing from Palmview since Sunday, July 19. The girl is described as Caucasian, about More

Contract awarded for harbour entrance improvements

A contract has been awarded to progress long-term safety and accessibility at a challenging waterway. The state government has appointed engineering consultancy BMT to undertake More

Trail steeped in history undergoes key works

A popular Sunshine Coast heritage trail has been improved so people can enjoy it for years to come. The Buderim-Palmwoods Heritage Tramway Walk received a 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