Will the role of an attorney appointed to act as trustee of an SMSF automatically cease on the member’s death?

Introduction In the absence of a binding death benefit nomination (BDBN), it is the trustee of a superannuation fund who has the discretion as to payment of a deceased member's death benefit. It follows from this, that control of the trustee (whether the trustee be the individual members or a corporate [...]

2019-11-08T09:39:23+10:00November 7th, 2019|

Generous attorneys: the limits on attorneys benefiting themselves

Generous attorneys: the limits on attorneys benefitting themselves Introduction Section 32 of the Powers of Attorney Act 1998 (Act) provides that an attorney is able to do anything that the principal could lawfully do by attorney (if the adult had capacity for that matter). This means the starting point for considering what powers [...]

2019-03-21T09:25:49+10:00March 21st, 2019|
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