Another case involving a disagreement in a blended family following a death.
Binding Death Benefit Nominations for clients: a court again asked "When is near enough good enough?"
As always there are winners and there are losers. Would any reasonable observer conclude that the wishes of Mr Munro were realised? Probably not, which leads inevitably to the conclusion that the winners ought not to have won, nor the losers lost. But the law in this area does not operate that way.
Aside from reinforcing the need for advisers to be precise, and to consider the trust deed and the SIS provisions, this case also throws up a challenge for the lawmakers: Has the time come for a move to some form of "substantial compliance" regime in the superannuation death benefit area?
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