The intention behind a trustee’s decision to temporarily relocate is essential to qualifying for the two-year safe harbour exemption, an SMSF legal expert says.

A recent court case has highlighted the risks linked with not limiting the extent of an enduring power of attorney.

Enduring powers of attorney can create risks for SMSF trustees, but these can be managed by limiting attorney powers within a trust deed.

Having original documents may be the only acceptable way of proving SMSF trust deed variations have been properly executed, a specialist lawyer has said.

A fully documented history of an SMSF’s trust deeds is required to establish the validity of any variations made to this element of the fund’s paperwork, a law partner has said.