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.

Joint sale highlights shift in property strategy

A Sunshine Coast real estate agent is encouraging homeowners in redevelopment areas to rethink the traditional way of selling, arguing that joining forces with More

Shopping centre and hotel form partnership

The Sunshine Coast's largest retail complex and a nearby hotel have formed a partnership aimed at enhancing visitor experience in Maroochydore. Sunshine Plaza and Holiday More

New police dog follows in father’s pawprints

The Sunshine Coast Dog Squad has welcomed two new police dogs, including a one-year-old that has joined his father on the beat. The unit now More

Police probe damage along popular esplanade

Sunshine Coast police are investigating alleged wilful damage incidents along one of the region's most prominent roads, after reports of anti-social behaviour. Police were called More

Teen charged after allegedly stolen car crashes

A teenager has been charged after an allegedly stolen car crashed in Nambour this morning. Police allege a white Honda Civic was stolen from an More

Commercial precinct approved beside heritage landmarks

A new commercial precinct that will be located beside two heritage-listed buildings in the Sunshine Coast hinterland has been given the green light. Sunshine Coast 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