Executors Beware of Potential Conflict

In McIntosh v McIntosh [2014] the Supreme Court of Queensland held that the administrator of a deceased estate breached her fiduciary duty to the estate by not taking active steps to ensure that the deceased’s superannuation proceeds were paid to the estate.

The administrator applied to the superannuation fund to have the benefit paid to her personally as a dependant of the deceased and thereby breached her fiduciary duty. Even though the deceased could possibly have wanted the proceeds to go to the administrator, she was unable to apply for them without breaching her duty as the administrator of the deceased estate. This case highlights the importance of dealing with superannuation proceeds as part of your estate planning. Make an appointment with Cliff Kroesen at Gold Coast Estate Law to discuss your estate planning needs on (07) 55711982.