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.

Cameras installed in national park after reported dog attack

Authorities have placed cameras in a national park after a man was reportedly attacked by a domestic dog. The local shared his experience on social More

Decision made on Men’s Shed in key transport corridor

Members of a community group will be able to utilise their current headquarters on state government land for some time yet after a long-term More

New pizza joint highlights ‘local’ gems

The hinterland’s dining scene has a new addition, with hospitality veteran Stuart Derham opening The Local Montville, a relaxed eatery serving up pizza and More

Festival founder to lead hinterland tourism

The hinterland’s peak tourism body has ushered in a new president and elected a new committee. Hinterland Tourism Sunshine Coast (HTSC) has elected Wayne Parcell More

Jane Stephens: remarkable remarks

English is such a wondrous language. And while those of us in professional communications spend a great deal of time selecting the right words to More

Rare listing atop headland a ‘golden’ opportunity

An immaculately presented family home in the sought-after residential enclave of Alexandra Headland's Golden Triangle has hit the market. Positioned atop the headland, 68 Buderim 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