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Live Webinars

Live Webinar: Death or Incapacity of an SMSF Member: Who Jumps into the Driver's Seat?

All members of an SMSF must be individual trustees or directors of the corporate trustee. So, what is the situation when a member dies or loses capacity? This session explores the requirements and various scenarios, including: What if an incapacitated member doesn’t have an end
PRESENTED BY Michelle Griffiths Partner - TAG Financial Services , Melbourne

Date/Time

Wednesday 15th January 2025
Vic, NSW, ACT, Tas: 1:30pm to 2:30pm
Qld: 12:30pm to 1:30pm
SA: 1pm to 2pm
NT: 12pm to 1pm
WA: 10:30am to 11:30am

About the Webinar

All members of an SMSF must be individual trustees or directors of the corporate trustee. So, what is the situation when a member dies or loses capacity? This session explores the requirements and various scenarios, including:

  • What if an incapacitated member doesn’t have an enduring power of attorney (EPOA) or a deceased member doesn’t have a will?
  • The six month rule and whether the period between date of death and granting of probate can cause issues with replacing the trustee
  • Can an individual wear “two hats” – one as trustee/director in their own right and one as a trustee/director under an EPOA or as executor?
  • When appointing a replacement:
    • what control do shareholders of an SMSF corporate trustee have over appointing a replacement director?
    • can the instructions in the fund’s deed take precedence over section 17A(3) SIS Act 1993?
  • Does an EPOA have the same authority as the represented member ie.
    • requesting withdrawals?
    • preparing a binding death benefit nomination (re Narumon [2019] 2 Qd R 247)?
    • winding up the fund?
  • Does an EPOA have to be replaced as trustee or director on the death of the represented member?
  • Consequences of not satisfying trustee requirements on death or incapacity of a member
  • Checklist of steps to take in the event of a member’s death or incapacity to satisfy trustee requirements

Presented By

Michelle Griffiths
Partner, TAG Financial Services Melbourne, Vic.

Michelle Griffiths is a founding Director of TAG Financial Services Pty Ltd, a Chartered Accountant and qualified investment adviser. Michelle is widely known for her practical approach to some very technical topics. She is a recognised superannuation, investment and taxation specialist and consults on all matters relevant to wealth management.

Michelle is passionate about sharing her knowledge. Her case study based presentation style is a welcome change of pace, always providing some practical ideas and discussion points for you to use with your clients.

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 Certificate

Registered live webinar delegates will receive a CPD certificate for attendance at this webinar. Accountants can claim up to 1 CPD 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.

While TEN takes all reasonable care to include accurate and up-to-date information regarding CPD category classifications and compliance obligations, information regarding CPD point allocation are provided as a guide only. Allocation of CPD points is subject to the CPD requirements of your jurisdiction, personal circumstances and professional requirements. You are solely responsible for determining whether a particular product is appropriate for your CPD requirements.

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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