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.

More than 100 lots planned under subdivision proposal

A residential subdivision with more than 100 lots has been proposed for a fast-growing Sunshine Coast suburb. The plan to reconfigure 12.68 hectares along Burnside More

Lifeguard bitten by dog after completing rescue

A Sunshine Coast lifeguard has been treated in hospital following a dog bite while on duty at a Maroochydore beach on January 26. “One of More

Police issue 200 fines in seven-day beach blitz

Police have clamped down on drivers along a popular beach strip north of the Sunshine Coast, handing out scores of fines in the space More

‘Back to School Boost’ to help ease costs for families

Financial assistance is on the way to more than 26,000 Sunshine Coast students to help cover school expenses in 2026. Every primary school-aged child across More

Houseboat owner sells vessel for $1 under new river rules

A Noosa River houseboat owner has sold his $150,000 vessel for just $1 after new Maritime Safety Queensland (MSQ) rules and a removal order More

Residents of booming suburb call for junction action

Locals within one of the Sunshine Coast’s fastest-growing areas are appealing for “urgently needed” safety measures at a major intersection after several “close calls”. More 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