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.

Winter calendar of festivals, sport, fun

Winter offers locals and visitors a vibrant calendar of sport, festivals and community events on the Sunshine Coast. The season’s entertainment kicks off with Alex More

Jane Stephens: birthday blessings

There is a quiet, unsung magic about being in the middle. I have a birthday this week – not the flashy milestone kind, but More

B2B: who can you trust with TDTs?

Recent federal budget discussions about trusts have sparked debate around Testamentary Discretionary Trusts (TDTs). While the name sounds complicated, these trusts are commonly included in More

Property resumed by council sold for $4.2 million

A large property resumed by Sunshine Coast Council for a road project has been sold for $4.2 million after being deemed surplus to requirements. No More.

Major redesign proposed for holiday park

Plans for a major redevelopment of a long-standing holiday park have been revised, with a new application now before Sunshine Coast Council. The proposal for More

Councillor explains his budget vote despite concerns

A councillor has detailed why he voted in favour of Sunshine Coast Council's "tough" budget despite his unease about it. Christian Dickson, who represents parts 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