SUPERCentral News

A pension having Asset Test Exempt (ATE) status is a wonderful thing - whether the exemption is 100% (pension commenced before 20 September 2004) or 50% (pensions commenced 20 September 2004 and before 20 September 2007).

We are often asked to provide a signed copy of a fund's deed, usually at a time when it is of utmost importance, such as the death of a member or being required by a 3rd party for any number of reasons. Original signed documents can become misplaced or hard to track down as funds move advisers. In order to alleviate these issues, an electronic copy should always be stored.

If you have funds that are still in catch-up mode or are on different deeds, talk to us about our bulk SMSF deed conversion program. This will ensure that your trustees have all the necessary powers to comprehensively and legally administer their funds and remain SIS compliant into the future - safeguarding them against potential legal, tax problems and associated penalties

In the case of Estate of Helen Marsella (aka the "Swanson Superannuation Fund Case") [2019] VSC 65, the Victorian Supreme Court has overturned the trustees' death benefit allocation decision. The Court found that the decision of the SMSF trustees was defective and the Court removed the trustees from their office. Undoubtedly, this decision will be closely read by SMSF advisers and is likely to be a leading case on death benefit allocation decisions.

In this case, the Supreme Court of Queensland was asked to authorise the making of a statutory will for a severely injured child. The child, who is aged 30, has no capacity to make a will due to severe brain injuries arising from medical negligence occurring during birth.

If you have funds that are still in catch-up mode or are on different deeds, talk to us about our bulk SMSF deed conversion program. This will ensure that your trustees have all the necessary powers to comprehensively and legally administer their funds and remain SIS compliant into the future - safeguarding them against potential legal, tax problems and associated penalties.

We are often asked to provide a signed copy of a fund's deed, usually at a time when it is of utmost importance, such as the death of a member or being required by a 3rd party for any number of reasons. Original signed documents can become misplaced or hard to track down as funds move advisers. In order to alleviate these issues, an electronic copy should always be stored.

How can Ask.Will help you as an adviser not just build an estate planning offering into your practice as an additional profit centre (well, that's certainly a worthy cause in itself!) but to also get to know your client and their family better - and thereby help you to service your client better as well?

The ATO has just published its quarterly statistical report for self managed superannuation funds. The report is based upon the December 2018 financial quarter.

While the Morrison Government is proceeding with its proposal to permit Jumbo SMSFs with 5 or 6 members, will Jumbo SMSFs have to have a company as trustee? This answer is determined by the legislation of the state or territory which applies to the SMSF.