The Court held that funds withdrawn from a self-managed superannuation fund and deposited into the deceased's personal bank account prior to death lost their character as 'superannuation benefits' within the meaning of a testamentary power of appointment. Clause 4.9 of the will required three preconditions: that superannuation benefits be paid, to the executor, as a result of the deceased's death — none of which were satisfied where the fund had been fully commuted before death. The definition of 'superannuation benefits' as entitlements 'payable' as a result of fund membership meant there was nothing of that character remaining at the date of death, and summary judgment was entered for the defendants.
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