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.

Man drowns, believed caught in rip

A man has drowned, suspected to have been caught in a rip on a Sunshine Coast beach. He was unable to be revived after he More

Authorities signal major action for problematic coastal area

The state government has backed recommendations for bold large-scale works to help protect coastal communities. Authorities have endorsed a spate of suggestions in an independent More

Appeal lodged over refusal of backpacker complex

A court appeal has been launched after a proposal to develop backpacker accommodation for 48 guests was rejected. Mathew and Stephni Haydok have appealed to More

Lease pressures mount as small businesses navigate rising costs

Small business owners in some of Noosa’s most popular commercial precincts are facing mounting financial pressure, with typical leases along Gympie Terrace and Noosa More

Residents help shape plan for multi-faceted park

A concept plan for a new district park with four distinct areas is being refined after strong community input, with almost 160 submissions helping More

Cyclists take on gruelling challenge for kids in care

Cyclists are set to take on some of the region’s toughest hills in the 76km Buderim9 Challenge on November 23, raising money for 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