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.

Unused cemetery plots to be reclaimed under new policy

A new policy could see hundreds of long-unused cemetery plots returned for community use. The proposal, which is due to be formally adopted at Noosa More

‘Premier destination’: tourism operators earn Queensland acclaim

A record number of Sunshine Coast tourism businesses have been recognised among the state's best, highlighting the region’s strength as a leading visitor destination. Almost More

Search underway after alleged knife attack

Police are appealing for information after a 20-year-old Buderim man was wounded at Maroochydore on Thursday night. Emergency services were called to Duporth Avenue about More

Your say: hotel height, holiday park and more

Do you have an opinion to share? Submit a Letter to the Editor at Sunshine Coast News via news@sunshinecoastnews.com.au. You must include your name More

Glamping boom heads to farm paddocks

A working cattle property could become home to eight eco-style tourist cabins under plans lodged with Sunshine Coast Council. The development application, submitted on May More

Chef from top-tier venues opens first restaurant

A renowned chef who once shared a kitchen with celebrity chef Gordon Ramsay has opened his first restaurant on the Sunshine Coast, bringing a 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