Some may think that property development in an SMSF contravenes superannuation law. However, that is overstating the position. There is no blanket ban on property development in SMSFs. Rather, like many investments an SMSF can make, the key to compliance is on how the investment occurs. Extreme caution should be exercised before and during, since [read more]
DBA Lawyers is Australia’s leading SMSF law firm. We have been refining our SMSF deed for well over 20 years, making it the best SMSF deed available. Additionally, our SMSF deed contains numerous ‘value-added’ advantages that set it apart. Accordingly, our SMSF deed offers many benefits that are not found anywhere else. All of the [read more]
Co-author by Daniel Butler, Director, DBA Lawyers We have been busy making sure our SMSF documents and training are up to date with the latest super reforms and strategies. Not surprisingly we continue to come across many SMSF documents recently acquired elsewhere that have not been updated with the recent reforms. Naturally, if you are [read more]
DBA Lawyers is often asked whether a particular SMSF trust deed needs to be updated. As a general guide, we recommend that SMSF trust deeds should be updated every 4–5 years, or sooner in the case of major legislative change. The last major legislative change to superannuation that warranted a blanket update for all SMSF [read more]
We have added a user-friendly tutorial video on our website that will guide you through using our Annual Update Service for the first time, or, if you are already a user and haven’t logged on to the Annual Update Service in a while then it could be handy to catch up and take a minute [read more]
In this article I am keen to answer key questions regarding the very old-fashioned legal tradition of deeds and how they interact with modern practices such as: Can a deed be executed electronically? If a lawyer drafts a 50 page deed and emails it to a client as a PDF file, if only one page [read more]
This article considers some of the issues associated with whether a pension payable to a member can be converted to a ‘lifetime’ pension, such that the pension is automatically reversionary to the member’s spouse on their death, and then any remaining capital reverts, for example, to the deceased member’s children from a previous marriage. Case [read more]
There can be compelling reasons why one might want to share a self managed superannuation fund (SMSF) with others. However sharing an SMSF with a spouse (especially a second or subsequent spouse), children, siblings, in-laws, friends or business associates can involve a risk that at some stage there may be a breakdown in the relationship. [read more]
This article examines some of the key reasons for having a company appointed as an SMSF trustee as compared to having individual trustees. It also examines some issues that can arise when advisers are preparing change of trustee documents. Why do so many SMSFs have individual trustees? SMSFs can have either have a company or [read more]
DBA Lawyers is Australia’s leading SMSF law firm. We have been refining our SMSF deed for well over 20 years, making it the best SMSF deed available. Additionally, our SMSF deed contains numerous ‘value-added’ advantages that set it apart. Accordingly, our SMSF deed offers many benefits that are not found anywhere else. All of the [read more]
