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Can-a-surviving-spouse-claim-their-deceased-spouses-super-when-they-are-also-the-executor-of-their-estate

Can a surviving spouse claim their deceased spouse’s super when they are also the executor of their estate?

Shaun Backhaus), Lawyer ([email protected]) and Daniel Butler, Director ([email protected]), DBA Lawyers  The recent case of Gonciarz v Bienias [2019] WASC 104 (‘Gonciarz’) continues a line of cases that consider the conflict that arises where a person acts as executor or administrator of a deceased estate while also applying to receive superannuation death benefits in their [read more]

The trustee–member rules explained: Part 2

By Kimberley Noah ([email protected]), Lawyer,and William Fettes ([email protected]), Senior Associate, DBA Lawyers The trustee–member rules set out in s 17A of the Superannuation Industry (Supervision) Act 1993 (Cth)(‘SISA’) must be satisfied on an ongoing basis by each self managed superannuation fund (‘SMSF’). Indeed, it is critical that advisers and SMSF trustees are mindful of these [read more]

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Reconciling inconsistencies between reversionary pension nominations and BDBNs

By William Fettes ([email protected]), Senior Associate and Daniel Butler ([email protected]), Director, DBA Lawyers Under the ATO view set out in TR 2013/5, a member’s pension ceases for tax law purposes on their death unless an eligible dependant is automatically entitled to receive the pension as a reversionary beneficiary. A nomination will broadly fail to satisfy [read more]

successor word in a dictionary. successor concept.

Is an alternate director for an SMSF better than a successor director? Part 2

By Christian Pakpahan, Lawyer and Daniel Butler, Director, DBA Lawyers We compare the option of a director nominating an alternate director in contrast to nominating a successor director in a self managed superannuation fund (‘SMSF’) context to determine which is better. In Part 1 of our series, we considered how alternate directors are problematic in [read more]

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The trustee–member rules explained: Part 1

By Kimberley Noah ([email protected]), Lawyer, and William Fettes ([email protected]), Senior Associate, DBA Lawyers The trustee–member rules are one of the most fundamental concepts underlying the operation of self managed superannuation funds (‘SMSF’). These rules are found in s 17A of the Superannuation Industry (Supervision) Act 1993 (Cth) (‘SISA’) and form part of the key conditions that [read more]

danger-minefield

The legal minefield of BDBNs (updated)

Binding death benefit nominations have numerous points of failure as evidenced by recent litigation. To implement BDBNs properly there must be a strong deed foundation, precise and careful wording, and ideally no service or notification requirements. Additionally, the nomination should also be integrated as part of the member’s succession and estate planning. [read more]

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Is an alternate director for an SMSF better than a successor director? Part 1

By Christian Pakpahan, Lawyer and Daniel Butler, Director,DBA Lawyers We compare the option of a director nominating an alternate director in contrast to nominating a successor director in a self managed superannuation fund (‘SMSF’) context to determine which is better. We also provide a brief comparison table below to support our view that alternate directors [read more]

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Superannuation proceeds trusts: can you establish one after a client’s death?

By Bryce Figot ([email protected]), Special Counsel, DBA Lawyers (Note: this article is only a very brief discussion of one aspect of superannuation proceeds trusts — for a complete guide to superannuation proceeds trusts, see https://www.dbalawyers.com.au/dba-news/the-complete-guide-to-super-proceeds-trusts/) In this article I discuss whether a superannuation proceeds trust can be set up after death. However, first I pause [read more]