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.

Family entertainment centre up for sale

The Sunshine Coast’s largest indoor family entertainment and adventure centre is up for sale. Rush Adventureland, owned by local businessman Jim Perry, is located in More

Holiday rentals shift back to long-term market in tourist town

Almost 200 short-stay properties in a renowned tourist area have been shifted into the long-term rental market during the past two years, as the More

Palmer’s $200m splurge: top political spenders revealed

Hundreds of millions of dollars were poured into Australia's 2025 federal poll, with major parties spending nine figures across the election year. Major parties and More

B2B: Healthy cashflow should be priority

As small businesses launch into the new year, maintaining healthy cashflow will be a critical priority amid ongoing cost pressures and cautious consumer demand. The More

‘Infectious smile’: community pays tribute to ski tragedy victim

Brooke Day is being remembered for her 'infectious smile and zest for life' as the community mourns her loss after a tragic ski accident More

Man injured after car crashes into house

A man has been taken to hospital after the SUV he was driving crashed into a house in the early hours of Tuesday morning. The 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