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Stepping into the shoes of replacement trustee in the event of death

Estate PlanningBy Aaron DunnAugust 4, 2019Leave a comment

The recent case of Dawson v. Dawson once again shed light on the importance of following procedure in the event of a member’s death.  Similar to the decision in Ioppolo’s case, we saw that the trustee was able to demonstrate continued compliance with the definition of a SMSF within a six month time period without…

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Reintroduction of lapsed SMSF measures

Compliance, LRBA, Total Superannuation BalanceBy Aaron DunnJuly 31, 2019Leave a comment

Earlier in 2019 against the backdrop of an election, there were a range of measures impacting SMSFs and superannuation more broadly that we on a knife’s edge as to whether they would proceed – refer to our blog post ‘Super measures – what made it and what didn’t’ to read further. With the Coalition re-instated…

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ATO confirms no transition to ABP with a TRIS

Income StreamsBy Aaron DunnJuly 21, 2019Leave a comment

Now that we finally have some legislative certainty around various aspects of paying a Transition to Retirement Income Stream (TRIS), the Australian Taxation Office (ATO) has issued Guidance Note, GN 2019/1 that provides guidance on the changes to transition-to-retirement income streams that commenced from 1 July 2017. How they apply within the APRA-regulated environment as…

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Dawson’s case – the pitfalls of an incomplete SMSF document trail

Estate PlanningBy Chris HillJuly 12, 20191 Comment

The recent case of Dawson v Dawson [2019] NSWSC 826 recently handed down by the New South Wales Supreme court serves as a solemn reminder of what can go wrong when families, particularly blended families, with SMSFs, are in conflict with incomplete documentation.  In this blogpost, we explore the circumstances of the case and what…

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Which wins, auto-reversionary pension or BDBN?

Estate Planning, Income StreamsBy Aaron DunnJuly 1, 2019Leave a comment

It is one of the most contentious issues for members of a SMSF when it comes to the payment of a super income stream and their estate planning wishes – in the event of death, what document will take precedent? An auto-reversionary pension or binding death benefit nomination (BDBN)?  Well, the answer ultimately depends upon…

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