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.

Young chef wins state title to earn place in national final

A 22-year-old Sunshine Coast chef has claimed the Queensland crown in a prestigious culinary competition. Ashton Teed was adjudged the state winner of the Nestle More

Researchers hunt causes behind younger cancer surge

A first-of-its-kind human tissue biobank will be established on the Sunshine Coast to combat Australia’s second-leading cause of cancer deaths. Researchers at the University of More

Women’s race record falls as runners flock to festival

The women's marathon race record was broken amid the biggest turnout in Sunshine Coast Marathon Festival history. Noosa-based American Beth McKenzie hit the line in More

Deep-tech summit to put Coast in innovation spotlight

The Sunshine Coast will host a new event showcasing emerging technologies such as artificial intelligence and robotics, as part of efforts to strengthen the More

Why Aussies keep heading to the Coast

The Sunshine Coast has retained its position as the nation’s top regional migration hotspot. The latest figures from the Regional Movers Index show the Coast More

Long-term lease puts motorsport club on track for expansion

A Sunshine Coast motorsport club is preparing to expand its racing facilities after securing a 10-year lease over its long-time home. The Sunshine Coast Motorsport 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