Conflict of interest - Can a surviving spouse claim their deceased spouse’s super while being executor of their estate?
May 6th, 2019 by dbanetwork
In this podcast we disucss the recent case of Gonciarz v Bienias  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.
- What happened in Gonciarz v Bienias.
- Why the outcome in this case was different to Burgess v Burgess  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