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.

Boat destroyed in highway blaze

A boat being towed along the Bruce Highway was destroyed by fire at Black Mountain on Sunday afternoon, prompting an emergency response and traffic More

$300m redevelopment proposed for former bowls club site

A major housing and retail development has been proposed for a prominent former community site on the Sunshine Coast. Draft plans released by developers would More

Thousands of native plants added during island rebuild

About 6500 native species have been established on a section of island that is being rebuilt to help protect the coastline from the elements. The More

Video cameras installed at beaches for safety

'Smart poles' have been installed at four beaches in the region, as Surf Life Saving Queensland expands its safety network. Emergency response beacons have been More

Health hub plan for vacant site

A long-vacant commercial building could be converted into a new healthcare facility to expand access to allied health and disability support services in one More

Budget set to boost social housing pipeline

The state government has pledged a record investment in social and community housing as part of the 2026-27 Budget. A $5.7 billion investment is set 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