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Recorded Webinars

Recorded Webinar: A Matter of Discretion: Superannuation Trustees and Death Benefit Decisions

Superannuation trustees can have a significant discretion in determining the payment of death benefits, a power which can cause a lot of angst and disappointment to potential beneficiaries who miss out. This session will provide a guide to practitioners on minimising the risks of

Date/Time

About the Webinar

Superannuation trustees can have a significant discretion in determining the payment of death benefits, a power which can cause a lot of angst and disappointment to potential beneficiaries who miss out. This session will provide a guide to practitioners on minimising the risks of disappointment and empowering members and their intended beneficiaries to achieve their desired outcomes, including:

  • The legislative framework governing super death benefits
  • Trustee discretion in the context of fund rules
  • What can a member do to determine allocation of his/her fund on death?
  • Understanding binding and non-binding death nominations and lapsing of nominations
  • Is it ever in the interests of the member to not have a binding death nomination?
  • What are the obligations of a trustee on the death of a member? Are trustee’s bound to follow case law in their decision-making?
  • Determining what is “fair and reasonable” in all the circumstances – what should the trustee take into account?
  • Why might a trustee decide an outcome against the wishes of the member?
  • What options are there for challenging the discretion of the trustee and who has standing to bring them?
  • Case update

Presented By

Nathan Yii
Principal Lawyer, Chartered Tax Advisor and SMSF Specialist Advisor, Nathan Yii Lawyers Melbourne, Vic

Nathan Yii is the Principal Lawyer, Chartered Tax Advisor and an accredited SMSF Specialist AdvisorTM of the Melbourne based legal practice, Nathan Yii Lawyers. He is a graduate of Melbourne Law School and holds a Bachelor of Commerce (Accounting), a Bachelor of Laws (Hons) and a Master of Laws. He is a leading structuring and estate planning lawyer, a university lecturer and presenter and is recognised in Doyles’ Guide as a Preeminent Wills, Estates & Succession Planning Lawyer and a Leading Wills & Estates Litigation Lawyer in Victoria in 2021.

Nathan takes a strategic approach to legal practice and focuses on tax-effective solutions, estate planning, asset protection, SMSF compliance and trusts, estates and SMSF disputes. He works with and consults to high net worth individuals, family offices, legal and non-legal professionals and their clients.

Nathan is a regular presenter in his areas of interest and expertise and regularly presents for legal and accounting CPD providers and discussion groups around Australia. He is also an adjunct lecturer and advisory committee board member for the Estate Planning Practice Specialisation in the Master of Laws program at the College of Law.

Who Should Attend?

This webinar is suitable for accountants and lawyers advising in superannuation matters – Australia wide. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge. CPD Accountants can claim up to 1 CPD/Training hour. Lawyers can claim up to 1 CPD unit/point – substantive law . This webinar has been designed to run for 1 hour, however, webinar lengths can vary depending on the level of questions and discussion. WA lawyers – From 1/4/2021, due to changes to your CPD requirements we are unable to verify your completion of recorded webinars to the Legal Practice Board of WA.

Enquiries/Assistance

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email: [email protected]

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