SMSF and member incapacity: The key issues explained




SKU: SMSF2308WE Category:


The pace of evolution of all aspects of superannuation related estate planning continues to intensify.

Arguably one of the most important aspects of any SMSF related holistic estate planning exercise is in relation to member incapacity.

This presentation will provide an insight into a range of crucial issues, including:

  1. How to structure the appointment of attorneys with reference to superannuation entitlements
  2. The interrelationship between attorneys, enduring attorneys, guardians, super fund trustees, executors and binding death benefit nominations (BDBNs)
  3. The ability for attorneys to make BDBNs and manage ‘fast death tax’
  4. The role of state government departments
  5. The implications of the key recent court decisions in this area

Recorded on 22 August 2023

Presented by Matthew Burgess

TPB CPD Hours: 1 hour

Legislated CPD Hours: Technical competence: 0.50 hours | Regulatory compliance and consumer protection: 0.50 hours

Presented by:

Matthew Burgess

Matthew Burgess co-founded dynamic specialist firm View Legal in 2014, following experience as a lawyer and partner of one of Australia’s most formidable independent law firms for over 17 years.

Matthew’s passion is enabling creative customer centric solutions, specialising in holistic tax, estate and succession planning.

He has been recognised for many years in the ‘Best Lawyers’ list for trusts and estates, and Wealth Management / Succession Planning and either personally or as part of View in ‘Doyles’ in relation to taxation and for wills, estates and succession planning.

In part inspired by working in the SME market space, Matthew has been the catalyst for a number of innovative legal platforms, including establishing what was widely regarded as Australia’s first distributed law firm.