In this very interesing case, we discuss the recent High Court case of Hill v Zuda, where the High Court confirmed what we already knew, and that is, that a binding death benefit nomination for a superannuation death benefit, does not lapse every 3 years in relation to self managed super funds only. However, even with this confirmation, you must always check the terms of your trust deed because your binding death benefit nomination must comply with the terms of your trust deed. Another interesting aspect to the issue of binding death benefit nomimations is the notional estate rules in NSW and the recent case of Benz v Armstrong, recently determined in the NSW Supreme Court. In this case, despite there being a valid binding death benefit nomination in place, the court determined that a portion of the superannuation death benefit would actually form part of the estate. Thus when a claim was filed against the estate, part of this death benefit was able to form part of the asset pool in relation to this claim. NSW has very unique notional estate rules, thus you must proceed with great caution and advice from an expert before you put in place a binding death benefit nomination.
https://www.youtube.com/watch?v=fVoSfnMOdRA
The show was designed to give back to the community which Despina did in droves. Her weekly radio show was broadcast on the Gold Coast each Thursday on 104.1FM Gold Coast/Tweed & 103.5FM Northern Rivers and had a substantial following since 2020. Despina talked about various hot topics at local, state and federal level, and answered the questions that ordinary Australians want to hear. And the best part, it was free.
In 2024, due to programming changes within the radio station itself, Despina then moved her radio show to being solely online on her Youtube channel: Despina Priala
Each week she brings another insightful episode of Talking Law for her loyal listeners and the greater Australian community.
Knowledge is power and Talking Law is very much about empowering the ordinary Australian with information that they should be aware of to help them in every day life.
All episodes of Talking Law with Despina are uploaded on the Priala Legal website and onto our YouTube channel here: https://www.youtube.com/channel/UCWmG7z-wIbsHY9KhFfrrWwQ
If you have any question you would like answered please contact us and we will do our best to answer them for you.
DISCLAIMER: The information discussed within the Talking Law videos is general in nature only and is not intended to be comprehensive, nor does it constitute legal or other advice in anyway, and should not be relied upon as such. The information is intended only to provide a summary and general overview on matters of interest and it is not intended to be comprehensive. You should seek legal or other professional advice before acting or relying on any of the content herein.
Posted By Despina Priala
Despina Priala has practised in property and commercial law on the Gold Coast for over 25 years and has extensive experience in this area.
Updated : 2nd July 2022 | Words : 0 | Views : 480
 |
 |
 |
