Conflict of interest - Can a surviving spouse claim their deceased spouse’s super while being executor of their estate?
Posted in Cases, Death Benefits, Succession Planning, Trust law on May 6th, 2019 Comments
In this podcast we disucss the recent case of Gonciarz v Bienias [2019] WASC 104 and the conflict of interest that arises where an executor or administrator of a deceased estate applies to receive death benefits in their own capacity.
We discuss:
- What happened in Gonciarz v Bienias.
- Why the outcome in this case was different to Burgess v Burgess [2018] WASC 279.
- The Courts statement of the current law in this area.
- What advisers can do to mitigate the risk of this conflict arising.
Hosts: Bryce Figot, Special Counsel and Shaun Backhaus, Lawyer DBA Lawyers
