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.

Gallop takes surprise positional switch in stride

Ty Gallop has a simple cue to remain grounded as the versatile Brisbane Lions gun prepares for a second AFL grand final in just More

Preferred option revealed for key intersection upgrade

A busy junction is set for an overhaul aimed at improving safety, easing congestion and addressing community concerns. Planning is complete for the Landsborough-Maleny Road More

Luxury retreat proposal tests planning scheme benchmarks

A renowned hinterland retreat could significantly expand with 11 luxury cabins, a fine dining restaurant and a Scandinavian-inspired bath house under new plans lodged More

Revamp starts on bus zone with ‘significant safety issues’

An upgrade to improve safety and traffic management is underway on a school bus zone. Work has started on an overhaul of the Maroochydore State More

Auction event signals confidence in Coast market

The Ray White Coastal Living Network’s flagship auction event has celebrated its 11th year, with more than $40 million in sales and achieving a More

Global clothing brand reveals store open date

A Japanese clothing giant has announced the opening date for its highly anticipated first Sunshine Coast store. Uniqlo is set to welcome shoppers to its 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