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.

Clubs shine at surf life saving state awards

Sunshine Coast surf lifesavers have emerged as major winners at Queensland’s premier awards for the movement, with local clubs collecting honours for volunteering, sport, More

WWII shell found on beach

A World War Two artillery shell has been found and destroyed on a Sunshine Coast beach after a late-night emergency response. The unexploded ordnance was More

Games bosses put positive spin on emblem blooper

A minister and a marketing guru have put a brave spin on the accidental leaking of the Brisbane 2032 Olympic and Paralympic emblem three More

New era for volunteer marine rescue crews

A new chapter has started for Sunshine Coast volunteer marine rescue units as they transition into a statewide service. The Mooloolaba, Caloundra and Noosa flotillas More

Action taken at ‘epicentre’ of e-bike and e-scooter issues

The Sunshine Coast has recorded more seizures of prohibited e-mobility devices than any other Queensland police district, since new laws came into effect. One-hundred-and-forty-six non-compliant More

Your say: dog rules, data centres and more

Do you have an opinion to share? Submit a Letter to the Editor at Sunshine Coast News via news@sunshinecoastnews.com.au. You must include your name 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