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.

Sami Muirhead: love comes knocking

Do you ever wonder if the universe is watching? A twist of fate delivered to me a little stray dog and memories that will be More

Man charged following Argos investigation

A man has been charged with child sex offences following investigations by specialist police unit Argos. The 69-year-old Noosa Hinterland man was arrested on Wednesday More

Man taken into custody after residents evacuated

A man in his 50s has been taken into custody without incident following a welfare check that led to an emergency declaration and evacuations. Police More

Airport plan enters consultation phase

Public feedback is open on a plan to transform almost 34ha of former Sunshine Coast Airport runway land. The Airport North Precinct Master Plan proposes More

Visitors question fee to climb icon

A fee to climb inside one of the Sunshine Coast’s best-known landmarks has sparked hundreds of comments from people who remember the experience being More

Two NYE fireworks shows set to continue

The Sunshine Coast’s main New Year’s Eve celebration could settle into a more permanent format after several years of changes. Sunshine Coast Council officers are 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