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.

Another redesign underway for key road upgrade

Sunshine Coast Council has gone back to the drawing board to improve an increasingly busy road after previous attempts encountered difficulties. The 2.6km Camp Flat More

Greek eatery eyes new location

A Greek-inspired takeaway business owned by a local couple is expanding into a new beachfront development. Urban Lamb will open a second store at Shop More

Youth mental health service mobile hub planned

Australia’s first youth mental health outreach truck is close to being launched on the Sunshine Coast. Rise & Thrive Co., an ACNC-registered charity, has plans More

Thousands of parents turn to child offender register

Queensland parents and carers are increasingly using the state’s public child sex offender register. There were more than 380,000 visits to the Community Protection and More

B2B: get wealth structure ready for 2027

The recent federal budget marks a massive structural shift in how our nation taxes wealth. The government is moving its tax focus away from earned More

New maps detail metro vehicle route and stations

Maps showing a planned public transport route have been revealed by the state government. The details show where metro-style vehicles could run, including corridor alignment 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