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.

Patient details exposed in medical centres cyber-attack

Thousands of medical records and patient information stored with a giant healthcare provider have been breached in a cyber-attack. Partnered Health, owned by private equity More

‘Scheduled soon’: interchange work edges closer

A long-planned Bruce Highway interchange linked to the next stages of the region’s largest master-planned community is moving closer, with development documents stating construction More

Historic sugar mill site set for transformation

Three heritage-listed buildings that once housed sugar mill workers are set to be restored as part of a new hospitality, entertainment and community precinct More

Bird handling ‘confusion’ as new case confirmed

Relief has washed over a leading wildlife refuge after testing allayed fears a deadly bird flu strain has reached a fourth state. However, Twinnies Pelican More

Properties go under the hammer at major auction events

Dozens of homes have changed hands for more than $32 million collectively, at two bumper auction events. A variety of properties were purchased at Ray More

Infrastructure boost paves way for thousands of homes

More than 7100 homes have been unlocked across the Sunshine Coast and Gympie regions through more than $125 million in state government investment for 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