Attorneys signing BDBNs – an unfortunate twist

Introduction In our September 2018 bulletin we reported on the important Queensland Supreme Court case of Narumon which held that: provided the trust deed does not preclude it, an attorney under an enduring power of attorney is able to affirm an existing binding death benefit nomination (BDBN) made by a fund [...]

2019-11-08T09:39:03+10:00November 7th, 2019|

Re Marsella: the exercise of discretion by a trustee in paying benefits from an SMSF

Re Marsella: Marsella -v- Wareham (No 2) [2019] VSC 65 On the death of a member of a self-managed super fund (SMSF), that deceased member has a death benefit which needs to be paid. When there is no binding nomination in place, the trustee of the SMSF generally (read the deed…) has discretion [...]

2019-03-21T09:20:06+10:00March 21st, 2019|