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.

Bridge traffic improves as more fixes explored

New traffic conditions at a key bridge appear to have reduced delays, as the local council considers more options to help commuters. Authorities opened a More

Scores of e-bikes, e-scooters seized in clampdown

More than 100 e-bikes and e-scooters have been confiscated and hundreds of fines have been issued during the first 10 days of Queensland's tougher More

Waterfront site earmarked for apartment project

A prominent waterfront site could be the location of a new luxury apartment building under plans lodged with Sunshine Coast Council. The development application seeks More

‘Premium’ beachside retirement village moves ahead

A new retirement living community is set to take shape on the Sunshine Coast, with the sod turning on a beachside development. BlueCare’s Bokarina Beach More

Revised service station sign approved by council

A scaled-back pylon sign proposed for a service station in Yandina has been given the green light by Sunshine Coast Council, months after community More

Dog access criticised over impact on disabled residents

A Sunshine Coast councillor has renewed his opposition to changes to dog access areas, claiming the loss of off-leash spaces has had unintended impacts 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