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101817
Individual Podcasts

Managing Super Following the Death of the Member

It can be common for lawyers to want to treat superannuation as yet another financial asset of a client to be dealt with in accordance with their overall succession planning instructions. However, the treatment of superannuation on the death of a member is very strictly regulated
PRESENTED BY Nathan Yii Principal Lawyer, Chartered Tax Advisor and SMSF Specialist Advisor - Nathan Yii Lawyers , Melbourne

Date/Time

About the Podcast

It can be common for lawyers to want to treat superannuation as yet another financial asset of a client to be dealt with in accordance with their overall succession planning instructions. However, the treatment of superannuation on the death of a member is very strictly regulated and one which can be misunderstood without a comprehensive understanding of the SIS Act. This session will dispel some of the myths held about superannuation by providing an overview of the relevant SIS provisions concerning treatment of superannuation on the death of a member and will cover:

  • Who can (and who can’t) receive superannuation from the fund on the death of the member
  • The definition of spouse, domestic partners and dependents for the purpose of SIS compared to tax law and other areas of practice
  • The obligations of the executor or administrator vs the trustee of the fund
  • What tax needs to be considered, including discussion of ATO Ruling 2011/77 in relation to step-children
  • The requirements for valid binding death benefit nominations, who may constitute a valid nominee, how to check and drafting tips
  • Practical case studies

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.

CPD Information

0.5 CPD units

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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