News : Estate Planning

Estate Planning, SMSF

Capacity doubts now more common

Mental capacity SMSF Self-managed superannuation fund Cooper Grace Ward Scott-Hay Bartlem Estate planning

Practitioners have to address a client’s capacity in all SMSF estate planning actions as the issue is becoming more common in death benefit disputes.

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Estate Planning, SMSF

Early action key in estate planning

Tim Miller Smarter SMSF Self-managed super Estate planning SMSF

Practitioners should start conversations with their SMSF clients early in the fund set-up process to ensure the best outcome in the event a member passes away.

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ATO, Death benefits, Estate Planning

Benefit destination may change tax treatment

ATO Death benefit dependant Superannuation Private ruling

The ATO has ruled a death benefit unable to be paid to a defined dependant cannot be received by their estate in the same form and loses any tax special tax treatment.

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Death benefits, Estate Planning

Death benefits to estate can help keep assets

IFPA super death benefit estate planning SMSF tax

Paying a super death benefit to a member’s estate can reduce the tax bill a beneficiary may receive and assist them in retaining specific assets from the fund.

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Death benefits, Estate Planning

Estate useful for directing super benefits

superannuation Death benefits Estate Institute of Financial Professionals Australia IFPA Natasha Panagis SMSF Self-managed super

A deceased estate can be a useful place to send super death benefits as it can provide wider options for distribution to beneficiaries than that allowed under the SIS Act.

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Administration, Estate Planning, SMSF

Caution needed with multi-purpose deeds

SMSF Will BDBN binding death benefit nomination Deed DBA Lawyers SMSF

SMSF practitioners should carefully examine deeds that are designed with multiple features as these could potentially complicate estate planning matters for a fund.

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Death benefits, Estate Planning

BDBNs can mitigate partiality risk

Conflict of interest Will Estate BDBN Death benefits

Trustees have two options to minimise the risk of legal challenges regarding conflicts of interest while managing an estate and determining the distribution of death benefits to beneficiaries.

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BDBNs, Death benefits, Estate Planning

Review fund deed when circumstances change

BDBN Seperation De facto Trust deed SMSF

It is crucial to review the trust deed of a fund in the breakdown of a spousal relationship to ensure estate planning strategies can continue to operate as intended.

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Estate Planning, Superannuation

Intestacy rules may prevent will dispute

Superannuation Estate planning Will Intestacy State rules

Superannuants should have a will, but state-based intestacy rules may sometimes deliver the same intended outcomes and avoid any disputes.

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Death benefits, Estate Planning, SMSF, Superannuation

Trustee awareness key in benefit payments

superannuation member benefit death benefit ATO SMSF

The ATO has further affirmed its treatment of a superannuation benefit paid after the death of a member will depend on the trustee’s awareness of that event.

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