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.

Lease renewal planned for property earmarked for road project

Sunshine Coast Council is set to renew the lease of a Maroochydore property it owns, despite the building already being earmarked for demolition as More

UniSC-led team discovers new species of walking shark

Scientists on a night dive off Papua New Guinea have made a surprising discovery. Researchers found a new species, the Dudgeon’s Walking Shark, which was More

Court imposes six-figure penalty on brewery

Terella Brewing has been fined $150,000 in a decision handed down in Maroochydore Magistrates Court today. Magistrate Andrew Sinclair ordered the company, which formerly occupied More

Council to vote on pricing changes for holiday parks

Sunshine Coast Council will this week consider changes to the way prices are set across its six holiday parks, including the introduction of dynamic More

Fire ants spread to another Coast suburb

Residents and business owners in and around a Sunshine Coast suburb are being urged to be vigilant after fire ants were discovered. The National Fire More

Apartment sells for $700k more just months after purchase

A Sunshine Coast apartment has sold for $5.22 million in a swift resale just seven months after it was purchased for $4.5 million, with 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