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.

Sami Muirhead falls for a gift-giving dolphin

The French just call French toast More wait for it More toast! Is this fact not mind blowing? We just had a 16-year-old French exchange More

Design almost finished for upgrade to busy junction

The Department of Transport and Main Roads is finalising the detailed design for an upgrade to one of the Sunshine Coast’s busiest intersections. The project More

New attraction approved for theme park

A First Nations attraction catering for up to 110 tourists at a time has been approved for the Sunshine Coast. Four retail tenancies adjacent to More

Updated development plan approved for suburb

An amended plan of development for an emerging Coast suburb has been unanimously approved by local councillors. The changes to the Forest Glen Village Centre More

Acreage with historic handmade fireplace for sale

A Sunshine Coast acreage featuring a unique handmade fireplace built with 7000 solid bricks from a 19th-century bakery has hit the market. Owners Jane and More

Daniel’s legacy in law to protect kids from predators

The parents of murdered schoolboy Daniel Morcombe are celebrating the establishment of a state public child sex offender registry but want it to go 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 hidden when viewing the form
This field is for validation purposes and should be left unchanged.
[scn_go_back_button] Return Home
Share