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.

Music to return to popular venue as construction works begin

Work will begin this week on a major upgrade to the Maleny Lane stage, with organisers confident the improvements will help bring live music More

Uni trial finds common device aids leg condition

A University of the Sunshine Coast trial has found that a widely available foot muscle stimulation device could significantly improve symptoms in people with More

Power outages continue as more storms sweep Coast

Sunshine Coast residents are being asked to remain patient as emergency crews battle sweltering conditions to restore power to homes and businesses, with some More

Fast-food drive-through to open beside highway within months

A rapidly expanding Mexican fast-food chain will open its fifth venue on the Sunshine Coast early next year. Guzman y Gomez will launch a new More

Rare coastal acreage hits the market with international interest

One of Coolum Beach's biggest and most private residential estates has been listed for sale, with significant interest already coming from across Australia and More

Historic train returns to centre of town

A restored steam train has returned to the Sunshine Coast town it serviced a century ago and will be on permanent display. The Krauss locomotive, 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