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Recorded Webinars

Recorded Webinar: Is the Jury still out on the value of Binding Death Benefit Nominations in the Succession Plan?

Binding death benefit nominations (BDBNs) have been under scrutiny for a number of years, and were the cause of over three hundred complaints to the Australian Financial Complaints Authority in the last year. This session will explore the problems that have beset BDBNs and what pr
PRESENTED BY Allan Swan Director - Estate Planning Equation , Melbourne

Date/Time

About the Webinar

Binding death benefit nominations (BDBNs) have been under scrutiny for a number of years, and were the cause of over three hundred complaints to the Australian Financial Complaints Authority in the last year. This session will explore the problems that have beset BDBNs and what practitioners need to advise their clients with super funds, including:

  • Why have a BDBN? Do the same considerations apply whether you have a SMSF or an industry/retail fund?
  • The process for making a BDBN and lapsing issues: Hill v Zuda Pty Ltd [2022] HCA 21
  • How effective is the BDBN in limiting the discretion of the trustee?
  • Financial and taxation consequences of making a BDBN
  • Conflict of interest issues where trustee, executor and/or beneficiary have dual roles
  • The challenges of allowing an EPA to change a BDBN: Re Narumon Pty Ltd [2018] QSC 185; Re SB; ex parte AC [2020] QSC 139; G v G (No 2) NSWSC 818
  • The obligations of professional advisers under the corporations law for BDBN advice
  • Why regular reviews of trust deeds and BDBNs are essential
  • Drafting tips for BDBN clauses in SMSF trust deeds

Presented By

Allan Swan
Director, Estate Planning Equation Melbourne, Vic

Allan Swan works with private clients and their accountants, financial advisors and legal practitioners relating to the legal aspects of the following areas of Preventative Law:

  • Asset Protection
  • Deceased Estate Taxation
  • Dispute Prevention
  • Estate Planning
  • Preventative Law Strategy
  • Special Disability & Protective Trusts
  • Structuring
  • Superannuation
  • Tax Considerations
  • Testamentary & Family Trusts

Allan also provides practitioner training and speaking services in the above areas and is an adjunct lecturer in the College of Law’s applied law master’s program. He is also an instructor for the Leo Cussen Centre for Law, the Law Institute of Victoria and other professional bodies. Allan is accredited as a STEP Trust and Estate Practitioner.

Allan holds degrees in Law and Economics and a Graduate Diploma in Financial Services.

Who Should Attend?

This webinar is suitable for succession lawyers – Australia wide. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.

CPD Information

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 – Please note that TEN is unable to verify your completion of recorded webinars to the Legal Practice Board of WA. TEN is an accredited provider.

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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