Tribunal rules that attorney cannot make a Binding Death Benefit Nomination for incapacitated person

Legal Update: SM [2019] WASAT 22

A recent decision of the West Australian Estate Administrative Tribunal has raised doubts in what was previously thought to be a settled area of the law.

Until the West Australian decision it was generally accepted that an attorney could make a binding death benefit nomination for an incapacitated person. The West Australian Tribunal has said that an attorney is not able to do so.

It may be prudent to review your own arrangements if your estate planning relies on an attorney being able to deal with your superannuation interests.

If you would like specific advice on your circumstances please contact Jon Wiedman on 07 4637 6300.

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