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.

Community mourns passing of beloved business identity

The Sunshine Coast community is mourning the loss of Colin James Erbacher, a much-loved member of one of the region’s best-known families. Mr Erbacher’s passing More

Eight-storey apartment block proposed at height limit

A new apartment complex is proposed to replace two houses and could tower over nearby residences. A development application has been submitted for an eight-storey More

‘Ten-to’ suburb steps out of the shadows

A “traditionally overlooked” suburb on the Sunshine Coast is starting to turn heads in real estate. Kuluin property prices have increased significantly in recent times, More

Council set to endorse major active transport strategy

Walking, riding and rolling are set to become a greater focus across the Sunshine Coast under a new long-term transport strategy. Sunshine Coast Council is More

Dozens of boats removed from river under new rules

Many boats have been taken off a popular waterway under new anchoring restrictions, as authorities warn of "enforcement activity" for non-compliant owners. More than 70 More

Charity reveals most luxurious prize home yet

A long-running charity has unveiled its most expensive prize home package. Endeavour Lotteries is offering a $3.7 million windfall in the Sunshine Coast hinterland, including 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