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.

‘Difficult decision’: prominent telco store closes

One of Australia’s largest telecommunications companies has shut the doors to a Sunshine Coast store. Optus closed its Nambour Plaza outlet earlier this month, prompting More

Council calling for statewide limits on e-scooter speeds

Sunshine Coast Council is leading a push for the statewide limitation of speeds on e-scooters and other personal mobility devices. The council voted at its More

$12m comprehensive radiation therapy centre opens

A radiation therapy centre that can treat 500 patients each year has officially opened. The $12 million facility, by GenesisCare, offers the first extensive radiation More

Application seeks to amend conditions to 450-home development

The minimum number of people an evacuation centre at Twin Waters West would have to cater for would become the maximum under proposed changes More

Ashley Robinson: system fails to come up trumps

I was walking my trusty sidekick George the other morning and, as we passed a job site, I could hear the well-informed, dulcet tones More

Oh deer! Drivers warned after rare sighting on motorway

Feral deer have been captured on dashcam footage crossing the Sunshine Motorway, prompting a warning to drivers. The footage shows the driver braking as a 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 Daily News

Hidden
This field is for validation purposes and should be left unchanged.
[scn_go_back_button] Return Home
Share