SMSF Documents and Related Services

SMSF Deed History Review: https://www.dbalawyers.com.au/smsf-deed-history-review

This service includes reviewing the deed of establishment and any subsequent deeds of variation, together with any deeds of change of trustee, with the objective of seeing if the prior change of trustee/variation powers have been complied with and whether the documents were validly executed. We provide feedback and can then assist in seeking to resolve any prior issues to provide as solid foundation for the SMSF deed.

Family Law Super Splitting Documents for SMSFs: https://www.dbalawyers.com.au/family-law-supersplitting-kit-smsfs

These documents are designed to assist and provide advisers and SMSF trustees with practical guidance on the steps required to ‘split’ superannuation in an SMSF context following a marriage or relationship breakdown. These documents are designed to be used where one of the following has been served on the trustee of the SMSF:

• a payment splitting order (a court order under the Family Law Act 1975 (Cth)); or
• a superannuation agreement (made by the parties each with independent legal advice, but having been separated for 12 months).

SMSF Succession Planning Documents

Death Benefit Payment Deed – Reversionary to transfer balance cap: https://www.dbalawyers.com.au/death-benefit-payment-deed

The death benefit payment deed seeks to ensure that upon death, any account-based pensions being paid automatically reverts to an eligible beneficiary up to the maximum amount based on that beneficiary’s transfer balance account. The member can then select between two options as to whether they want the balance to go as a lump sum either to:

• their nominated beneficiary; or
• their legal personal representative (ie, their estate).

The Complete Guide to Super Proceeds Trusts: https://www.dbalawyers.com.au/complete_guide_super_proceeds_trust

This document is a comprehensive guide on when to use a superannuation proceeds trust.

Trusts

Special Trusts: https://www.dbalawyers.com.au/products-order-forms/trusts/special-trusts

DBA can assist with preparing documentation to establish the following trusts:

• Special Disability Trust
• Estate Proceeds Trust
• Superannuation Proceeds Trust

Legal services

DBA also provides legal services in relation to superannuation, tax and related matters. DBA can assist on any consulting assignment in these practice areas:

• advising on SMSF succession planning (and taking into consideration broader estate planning issues):
• advising on whether certain SMSF investments will comply with superannuation law:
• advising on the taxation of superannuation and also in relation to ATO matters:
• advising family businesses on structuring for asset protection, succession planning and tax planning