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Domestic and Family Violence and Wills and Enduring Powers of Attorney and Superannuation Nominations

The definition of domestic and family violence is widely drawn in Queensland, and an increasing amount of attention is being paid to what is described as coercive control. It would not be uncommon for 2 people who are married or in a de facto relationship to write wills or EPOA’s appointing each other as attorneys […]

Domestic and Family Violence and Wills and Enduring Powers of Attorney and Superannuation Nominations

Domestic and Family Violence and Wills and Enduring Powers of Attorney and Superannuation Nominations

The definition of domestic and family violence is widely drawn in Queensland, and an increasing amount of attention is being paid to what is described as coercive control. It would not be uncommon for 2 people who are married or in a de facto relationship to write wills or EPOA’s appointing each other as attorneys and executors. These appointments do not change unless you take steps to implement changes. Therefore if your wishes change, you need to act to give effect to your new intentions and wishes. 

If you are making plans to leave a relationship, changing your will or your enduring power of attorney is a step that you can consider taking as part of your preparation. If you have already left your relationship, this is something not to forget to attend to. In most situations it should be straightforward and it will not be necessary to notify your former partner, but it would be preferable to take legal advice as there may be situations in which this may not be so straightforward. Your enduring power of attorney qld allows you to appoint someone you trust to make decisions for you during your lifetime.

Another consideration is your Super fund, and whether you have made a Binding Nomination to your Super fund. If you are in a de facto relationship that ends then an entitlement to receive a payment on death will cease when the relationship ceases, but for people who are married the entitlement only ceases on divorce, so again make sure you consider this. Also don’t overlook that Super Fund nominations usually need to be renewed every 3 years, or they will lapse.

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For Family Law Advice with a practical focus or need an Enduring Power of Attorney QLD, Call Aylward Game Solicitors on 1800 217 217

Domestic Violence offence is now part of our Criminal Code

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