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.

Developer seeks to change conditions for 150-site tourist park

The developer behind a controversial 150-site tourist park that was given the green light earlier this year has applied to alter the conditions of More

Speed limit under review after retirement village petition

The speed limit on an increasingly busy suburban road will be reviewed after residents of a retirement village raised concerns. A petition by residents of More

Plans lodged to convert rural home into Sikh temple

Plans have been lodged to establish a temple within an existing building on a rural property near Beerwah to serve the growing local Sikh More

Veteran to represent Australia at Anzac Day service in France

A Sunshine Coast veteran is set to represent Australia at the Anzac Day Dawn Service at the Australian National Memorial in France. Peter Kennedy was More

Luxury units sell fast as work starts on eight-level tower

A luxury apartment development has attracted the attention of buyers from around the country as works start on the project. Units at Lago, in Birtinya, More

Aviation company unveils helicopter manufacturing plan

A Sunshine Coast-based aviation company that has a fleet of more than 50 helicopters is preparing to launch a manufacturing plan for a “tried 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