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.

Flying club proposal revised as public feedback opens

An application to establish a model aircraft flying facility on a rural property has progressed to public consultation. The proposal would allow Suncoast Model Fliers More

Pool operation confirmed after trial

A hinterland community will have access to its local swimming pool for another summer after a successful trial brought public swimming back after a More

Show gardens to open for weekend celebration

A garden club is set to celebrate a ‘blooming impressive’ milestone anniversary this spring. Buderim Garden Club celebrates 80 years of community gardening with its More

B2B: find out how to become prep ready

Ask a kindy teacher what matters most before prep and they rarely say letters or numbers. They will say: “Talking.” Talking is how a four-year-old joins More

Police seek footage of serious highway crash

Police are appealing for witnesses and dashcam vision as they investigate a Bruce Highway crash that left two people injured. Early enquiries indicate that a More

Teenagers charged after vehicle fire on beach

Two teenagers have been charged after an allegedly stolen vehicle was found burning on a Sunshine Coast beach. Police will allege a black Denza B8 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