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.

Police clarify rules on in-car touchscreens as concerns grow

As vehicle touchscreens become increasingly bigger in modern cars, questions are being raised about how they fit within existing distracted driving laws. On the Sunshine More

Firm competition for $5.8m wellness hub

A private investor has paid $5.8m for a wellness hub in a prime tourist and retail strip on the Coast. The fully leased commercial property More

Major lift for golf club’s long-awaited clubhouse

A major milestone has been reached for a long-running community project. At the Maleny Golf Club in the Sunshine Coast hinterland, seven large modules have More

Police investigate alleged burglary with violence

A man has been taken into custody after an alleged armed break-in at a home left a resident injured. It is alleged that 22-year-old man More

Ashley Robinson: what a ‘joke’ government is

As comedian Laurel said to Hardy back in the 1930s: “Well, here’s another nice mess you’ve gotten me into”. I mention this as I reflect More

Major development to deliver homesites and open space

A 104-hectare masterplanned housing development will deliver 450 new homesites on the Sunshine Coast. Stockland has officially launched Stockland Twin Waters, a masterplanned community that 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