Background This article covers recent changes to the UK Inheritance Tax (IHT) regime, involving changes to the calculations of the value of a person’s estate such that it includes unused pension funds and pension death benefits (Pension Benefits). We also discuss the impact that binding death benefit nominations (BDBNs) have for IHT purposes prior to [read more]
The Albanese Government’s deal with the Greens to secure passage of the first tranche of its major tax changes has placed limited recourse borrowing arrangements (LRBAs) back in the spotlight. We outline below the press releases in which both parties reached agreement on changes to the LRBA rules, and discuss the amendment moved by Senator [read more]
Lin v Yim & Anor [2026] QSC 57 – when superannuation benefits cease being ‘super’ The recent Queensland Supreme Court decision in Lin v Yim & Anor [2026] QSC 57 highlights the importance of properly integrating SMSF succession with broader estate planning. This case involved an SMSF member who, shortly prior to death, implemented an [read more]
One of the most significant tax concessions available to SMSFs is the exemption for income derived from assets supporting retirement phase pensions. Exempt current pension income (ECPI) can substantially reduce or eliminate the tax payable by a fund once members commence retirement phase income streams. However, the ECPI framework is often misunderstood. Advisers must navigate [read more]
SMSF super splits, the tips and traps – Part 2 This is the second article in our series examining key technical issues that arise in SMSF superannuation splits following a relationship breakdown. Part 1 focused on the compliance and procedural requirements under Division 7A.2 of the Superannuation Industry (Supervision) Regulations 1994 (Cth) (SISR) and the Family [read more]
SMSF super splits, the tips and traps – Part 1 This article is the first part in a series that covers some of the key tips and traps of SMSF super splits following a relationship breakdown. Superannuation interests, particularly in SMSFs, require careful handling in family law settlements. Although court orders and binding financial agreements [read more]
Special Disability Trusts (SDTs) can be an important estate planning tool for families seeking to provide financial security and structured support for a loved one with a severe disability. SDTs offer advantages over other trust structures. These include more favourable social security means testing and other tax concessions, such as unexpended income being taxed at [read more]
The recent Federal Court decision in Simpson v Taylors Business Pty Ltd [2025] FCA 835 involved a company director seeking leave to personally represent the company in ongoing proceedings. The case highlights several factors the Court considered in declining to dispense with the general requirement under the Federal Court Rules that corporate parties are legally [read more]
Under the DBA Lawyers’ company constitution, a director is empowered to nominate a successor director (SD) to be appointed as a director upon the occurrence of their loss of capacity or death (ie, a ‘trigger event’). Upon a trigger event, the nominated SD is automatically appointed as a director, provided they consent and either hold [read more]
The recent Federal Court case of Lynn v Australian Financial Complaints Authority [2025] FCA 175 involved a legal challenge to a determination made by the Australian Financial Complaints Authority’s (AFCA) on payment superannuation death benefits from a large public-offer fund. The case provides useful guidance on AFCA’s role in handling death benefit complaints, the grounds [read more]
