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103362
Individual Podcasts

Super Benefit Withdrawals and Transfers Prior to Death

The issue of managing potential super benefits to non tax dependants can be a delicate one. Weighing up keeping funds in the concessionally taxed super environment as long as possible against knowing a tax hit may occur on a member’s balance on death, is just one of the factors to
PRESENTED BY Jennifer Dixon Practice Leader, Accredited Specialist Wills & Estates - Moores , Melbourne

Date/Time

About the Podcast

The issue of managing potential super benefits to non tax dependants can be a delicate one. Weighing up keeping funds in the concessionally taxed super environment as long as possible against knowing a tax hit may occur on a member’s balance on death, is just one of the factors to consider. This session explores the issues, including:

  • Can the funds can be tax effectively transferred to the non tax dependants’ own super balances pre death?
  • Dealing with business real property in the fund
  • The tax implications of fully or partially commuting a pension
  • Loss of capacity and whether an enduring power of attorney can take action in managing the non tax dependant death benefit issue (SMSFR 2010/2)
  • ATO’s views on a member requesting a benefit pre death which is ultimately paid post death (QC 45254), including:
    • whether pre signed withdrawal requests and auto trigger products are effective
    • time lags when withdrawal requests involve the disposal of lumpy assets
  • Weighing up the effect estate planning intentions can have on funds left within or outside of an SMSF
  • Case study

Presented By

Jennifer Dixon
Practice Leader, Accredited Specialist Wills & Estates, Moores Melbourne, Vic.

With one of the largest specialist estate planning teams in the country, Jennifer and her team assist clients and their advisors through the maze of planning for death and disability right through to addressing the administration of estates and private entities like trusts and SMSF’s. While the focus of the team is on dispute prevention, they also advise and guide clients through disputes and litigation associated with these areas.

Jennifer holds an honours degree in law and a diploma of financial services. She is an accredited specialist in two fields, namely: in Wills and Estates in Victoria, accredited by the Law Institute of Victoria; and as a Fellow SMSF Association Specialist Advisor / FSSA. Jennifer is an in demand speaker across Australia to professional audiences in these areas.

Over the last six years, Jennifer has been recognised as a preeminent and leading practitioner in Doyle's Guide across the two categories of Wills, Estates & Succession Planning and Wills & Estate Litigation:

  • Preeminent Wills, Estates & Succession Planning Lawyer - Victoria, 2022
  • Leading Wills & Estates Litigation Lawyer - Victoria, 2022

In addition, Moores was recognised in Victoria as a first tier law firm in both of those categories for the last six years.

CPD Information

0.4 CPD hours

Enquiries/Assistance

If you need assistance or have an enquiry, please do not hesitate to contact us, on (03) 8601 7700 or email: [email protected]

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