Sydney Estate Planning Lawyers are specialist advisers in relation to self managed superannuation funds (SMSF), which is often linked to estate planning and tax. We are able to provide you with documentation solutions and advice on the full range of needs typically required by trustees of self managed superannuation funds.

Our involvement with SMSFs dates from 1994 when the Superannuation Industry Supervision Act was introduced. Since that time, Our superannuation laws have undergone several changes. Our documentation is current to the minute in terms of all of those changes and we are confident that the rules for our SMSF trust deed are presently so flexible that they should not require future update, even if contribution and payment standards are changed.

Our on line standard documentation service permits you to order document packages to:

  • Set up a SMSF
  • Update the rules of a SMSF
  • Set up an instalment warrant / borrowing agreement for a SMSF

One of the very important features of our SMSF trust deed is the ability of a member to either

  • make a non lapsing but revocable binding death benefit nomination; or
  • if they are not ready or don’t want to do so, they can appoint a guardian with the power of veto about the payment of their death benefits.

In this way, a member is able to stay in control of where their death benefits go when they die. Please don’t think that death benefits are a personal asset and immediately become part of a deceased member’s estate. Nothing could be further from the truth.

We regularly advise on issues relating to borrowing by SMSFs, product disclosure statements, investment strategies, in house asset rules, powers of attorney for non residents and residency issues for taxation purposes, acquisition of assets from members, sole purpose test compliance and maintaining investments on arms length terms.

If you would like any assistance with the taxation implications of a transaction you are involved in or document that you need to sign or issues relating to your SMSF, please contact Damian Scroope at Sydney Estate Planning Lawyers on 8915 4999 or