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.

Faulty motorhome claim set for appeal after tribunal ruling

A tribunal has given a woman leave to appeal over claims she was sold a faulty motorhome by a Sunshine Coast-based business. Documents filed with More

Coast’s major transport projects ramp up

Queensland Premier David Crisafulli says the state government is determined to "get the Sunshine Coast moving again" as three key transport projects reach milestones. Officials More

Roads to close as event lures thousands

Several Sunshine Coast roads, including a section of motorway, will close for an annual event that attracts thousands of people. Key thoroughfares, including a stretch More

Attacked store owner backs expanded youth crime laws

A supermarket owner who was attacked outside his store has backed the expansion of the state government’s ‘adult crime, adult time’ laws. The government last More

Plans announced to address perilous river mouth

The state government has announced short and long-term strategies to manage shoaling in a hazardous river mouth that claimed the life of a Sunshine More

Govt services hit the road with ‘Desert Rose’

A touring truck dubbed 'Desert Rose' will visit towns in the Sunshine Coast, to provide locals with convenient access to federal government services. Services Australia’s 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