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.

Airport invites bids for key precinct sites

Sunshine Coast Airport has launched an expression of interest campaign for the next stage of its Gateway Precinct. Airport CEO Chris Mills said developers and More

Cyclist on track after ‘grim’ injury

Kristina Clonan did her best superhero impression at the announcement of Australia's cycling team for Glasgow's Commonwealth Games. Flying into the Anna Meares Velodrome for More

Teenagers charged after alleged crime spree

An alleged machete-linked crime spree that included the theft of a vehicle from Alexandra Headland and ended with arrests on the Sunshine Motorway has More

Town centre outage forces shops to close

A pole-top fire has caused a major power outage in Nambour's town centre today, leaving businesses without electricity and forcing some to close. The incident More

Sunshine Plaza stake set to sell in $622m deal

Sunshine Plaza's ownership structure is set to change after a $622 million deal was struck for a 50 per cent stake in the Sunshine More

Missing woman located deceased

The 57-year-old woman who was reported missing from Diddillibah on June 13 has been found deceased. Police said her death was not being treated as 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