In a recent Queensland case, the topic of attorney’s handling a principal’s superannuation matters was, again, front and center. In Re Rentis Pty Ltd [2023] QSC 252, the Court was asked to determine whether a nomination by a duly appointed attorney of an incapacitated principal was valid. You may recall my earlier post on the…
Category: superannuation
Super Settled: High Court confirmation that Reg 6.17A SIS don’t apply to SMSFs
The long embattled question of whether Regulation 6.17A of the Superannuation Industry (Supervision) Regulations 1994 (Cth) (“SISR”) applies to SMSFs has finally been answered. For those playing at home, Reg 6.17A of the SISR sets out the standards of which regulated super funds are to pay a member’s superannuation benefits out when they pass away….
Re Marsella and genuine and real consideration – on The Heir Waves
In the latest episode of my new podcast called The Heir Waves, Caite Brewer and I discussed some more interesting cases in succession law. Have a listen below: Freedom of Discretion: Re Marsella and ”real and genuine” consideration In this episode, Caite & Michele discuss: Follow up question from ‘Episode 1: To Love and To…
Leave ’em a loan: Liability to pay mortgage left with joint tenant
The liability of a mortgage is probably one of the most significant liabilities a couple will share. Whilst many times it’s a fairly equal distribution of that liability when everything is held jointly, it’s not always the case in circumstances of second/later relationships or a singular income earner and home maker. The recent decision of…
Decisions, Decisions: ‘bad faith’ SMSF Trustee discretion decision set aside, Trustee removed
There is certainly no question that superannuation is a complex beast. Add to that the self-managed superannuation fund (SMSF) variety and it will keep you busy, with it’s complex twists and turns, for days. I read a case recently that is no different. A shout-out to a fellow nerd, Clifford Hughes, for bringing this case…
Renewable Power: Court permits Attorney to renew superannuation nomination (QLD)
For a while now, it’s been a hazy question asked by succession lawyers alike about whether an attorney can make or renew a binding death benefit nomination for their principal’s superannuation policy proceeds. On 24 August 2018, Justice Bowskill of the Supreme Court of Queensland delivered a decision on this very topic. The case of…
Wife support: FPA by widow dismissed with costs (NSW)
It is a suggestion that arises throughout many estate disputes that the claim of a widow on an estate should be paramount to those of other family member who survive the deceased person. However, as each case is determined on it’s merits, this is not always the case. Yesterday, the Supreme Court of New South Wales…
What is “Contemplation of marriage”: Marriage revokes Will in blended family (NSW)
Last week, the Supreme Court of New South Wales published a judgement in a estate matter where the question of whether a Will was “made in contemplation of marriage” was a central focus of their attention. In the case of Re Estate Grant, deceased [2018] NSWSC 1031, the deceased made a Will dated on about…
A Shared Life: Family provision claim by same-sex defacto of 30 years
For those of my readers who are not familiar with estate litigation matters, it is common for parties to apply to the Court to “sign-off” on negotiated outcomes following a private mediation. This is particularly so where the estate property is comprised of real property. As such, I thought it worthwhile to write a short note on the latest case of Roberts…