The Lawyers Guide to Super and Death: The Last Word – a series of 5 programs

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The Lawyers' Guide to Super & Death - The Last Word!

- a 5 program series

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Superannuation is designed to fund retirement not death, but at death there’s often money left over, sometime a great deal of money.  This series will explore the rules surrounding the distribution of those funds, how and when you can keep them in super, how to ensure they go where your client intends they go, and how to pay as little tax as possible in the process.

The programs:

Death Benefits: Who Can Receive Them?

  • That’s an easy question to answer, or is it?  It’s a SIS dependant – basically, a child or a spouse!  Therein lies the problem: in today’s world, what’s a child and what’s a spouse? And if you want to direct death benefits to the estate, what are your options?  TT, Super Proceeds Trust?  And when can your death benefits go to others – on the basis of financial dependency or independency?  This presentation will answer these questions and explain the key concepts underpinning those answers.

Super Death Benefits Taxation: A Primer

  • Some believe that the taxation of super death benefits is simple – either zero or 15%.  Nothing could be further from the truth: first you need to understand the way different types of benefit are taxed and you then have to consider the status of the recipient.  In the course of this, the program will cover taxable and tax-free components, taxed and untaxed elements and of course the special status of insurance proceeds.

Binding Death Benefit Nominations

  • There are no foolproof ways of ensuring your death benefit ends up where you want it to go without being taxed into oblivion.  But there are a number of alternatives available which might keep the benefit clear of the depredations of warring siblings or the competing claims of children of the first marriage and the second spouse in blended families.  One of these is the binding death benefit nomination.  But there are pros and cons in using BDBNs.  This webinar will explain how they work, when to use them and when to do something else.

Reversionary Pensions: An Alternative Road to Certainty?

  • BDBNs are one way of achieving certainty in the distribution of death benefits.  Reversionary pensions are another.  This webinar will explain the use of reversionary pensions as an estate and tax planning tool.  In simple situations, their use is simple enough.  But in blended family situations, using them without disadvantaging some of the parties is a challenge, made harder with the introduction of the transfer balance cap.  The TBC can also cause problems if the reversionary pensioner already has a substantial super account balance. 

Control of SMSFs: Get in Wrong and Watch Your Estate Plan Go Up in Smoke

  • Cases like Katz v Grossman and Ioppolo illustrate what can go wrong if you have not got your ducks in a row when it comes to managing and transferring the control of an SMSF if the prime mover either loses capacity or dies.  The controller can even ignore (at their peril) a BDBN, as happened in Wooster v Morris!  This presentation considers best practice in providing for the control of the fund in these circumstances.

This webinar series features well known superannuation law expert Scott Hay-Bartlem.

Scott is a partner in Brisbane law firm Cooper Grace Ward. 

He and his team specialise in assisting clients and their other advisers including lawyers with tax and superannuation advice; estate planning, administration and disputes; business structuring; business succession arrangements; asset protection and restructuring. Scott has a particular interest in how these areas intersect with self-managed superannuation funds and the impact of and on these structures.

He is a SMSF Specialist Advisor™, a Chartered Tax Adviser, a member of the Society of Trust and Estate practitioners, and an Accredited Adviser with Family Business Australia.

Scott been selected by his peers for inclusion in the Ninth Edition of Best Lawyers in Australia in the practice areas of: Superannuation Law, Trusts and Estates and Wealth Management / Succession Planning Practice."

This video webinar series includes the following components:

  1. Online access to the 5 one hour video webinar programs covering the subjects listed
  2. The 5 programs were recorded in late April and are now available for immediate viewing
  3. Online access to the technical support papers and/or powerpoint presentations accompanying each program
If you need assistance or have an enquiry, please do not hesitate to contact us, on (03) 9670 2055 or email:
Product Code: SUPERLAW18
 Price:  $1,210.00 (Inclusive of GST)