The wording of a BDBN, rather than its intention, will be what is tested in court in the event there is a dispute about the outcome of the nomination.

It is a prudent for advisers and their SMSF clients to periodically update any binding death benefit nominations they may have in place.

Issuing simple estate planning call-to-action statements to SMSF clients can effectively allow advisers to abrogate any liability they may face.

SMSF trustees should not adopt rules for superannuation estate planning without checking whether they actually apply to their fund.

Selecting the most appropriate legal jurisdiction to govern an SMSF is crucial to fortifying estate planning strategies from court challenges.

SMSF trustees should, before they die, resolve any conflict of interest around death benefits that stem from naming a beneficiary as executor.

The treatment of superannuation benefits in the event of a member dying remains an area largely misunderstood by the general public.