Paul consults with other professionals providing complex superannuation advice to family lawyers, superannuation trustees or their advisors in family law matters. This includes appearing in court as an expert witness but also providing technical advice and assistance to parties negotiating or collaborating outside of Court. Paul also has a wide ranging practice in Estate Planning and Estate Dispute Resolution. Paul holds a Bachelor of Arts and a Bachelor of Laws from the Australian National University and was admitted to the roll of legal practitioners in the Supreme Court of the Australian Capital Territory in 2001. Paul is an SMSF Association of Australia Accredited Specialist Advisor and is a previous Local Community Leader of the ACT Local Community of the SMSF Association.
Live Webinar: When There’s No Binding Nomination: Trustee Discretion and SMSF Death Benefits
Date/Time
Tuesday 16 June 2026
Vic, NSW, Qld, ACT, Tas: 1.30pm to 2.30pm
SA & NT: 1.00pm to 2.00pm
WA: 11.30am to 12.30pm
About the Webinar
A valid binding death benefit nomination (BDBN) can make life easier for SMSF trustees - but when one is absent, invalid, or merely indicative, the trustee’s discretion becomes critical. With complex relationships and high-value accounts, the stakes are high. This session explores how discretion should be exercised, what the law expects, and what happens when it all goes wrong. It covers:
- The role the fund’s deed takes on the death of a member
- Why control of an SMSF is only the starting point for how trustee discretion is exercised for a death benefit payment
- What if the BDBN isn't valid or the nomination is merely documenting the member's preference of who should receive the death benefit?
- Exercising trustee discretion when potential beneficiaries include current and former spouses, de facto relationships and stepchildren
- Lessons for SMSF trustees from a case involving a discretionary trust (Owies v JJE Nominees Pty Ltd [2022] VSCA 142)
- A review of recent cases involving trustee discretion and super death benefits (incl. Lynn v Australian Financial Complaints Authority [2025] FCA 175; Wareham v Marsella [2020] VSCA 92)
- What is the process if disgruntled parties question a trustee's exercise of discretion in relation to an SMSF death benefit?
- Checklist of steps to take when exercising trustee discretion as to who should receive a death benefit
Presented By
Paul Salinas
Director - SMSF Specialist Advisor, Artisan Legal Canberra, ACTWho 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. Lawyers can claim up to 1 CPD unit/point – substantive law. Accountants can claim up to 1 CPD hour.This webinar has been designed to run for 1 hour, however, webinar lengths can vary depending on the level of questions and discussion.
OPTIONAL ONLINE QUIZ
We will be adding an optional online quiz to the recording of this webinar to make it interactive in terms of the type of CPD that can be claimed. Upon completion of the quiz the successful registered user will receive a CPD certificate confirming completion and the CPD units/points/hours earned. The online quiz will be available with the recording – typically within 1 to 2 days of the live webinar being held.
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.
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, Jason Hooker on (03) 8601 7709 or email: [email protected]