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Creditors and Predators – Is your Superannuation Safe?

Published on 22 Apr 2009 | Took place at RACV Club, Melbourne , VIC

This event was aimed at any accountant, lawyer or financial planner who wants to avoid clients complaining that they have lost their super because they weren't properly advised.

Given the current economic climate, it is even more important that clients understand when superannuation will be at risk from creditors and predators. Following Cook v Benson and the removal of RBLs, superannuation has the aura of a safe haven from creditors - but this won't always be the case. Predators can come in many forms including de factos and a recently enlarged category of 'dependants'.

This event examined a range of practical issues including:

  • when is and isn't your superannuation safe from creditors?
  • what happens to superannuation on bankruptcy?
  • lump sums and pensions - differences in protection
  • how can a carefully considered estate plan ensure superannuation benefits end up in the right hands on death?
  • should parents share an SMSF with their children?
  • what is the effect of the new de facto laws on potential family law claims against your superannuation benefits?
  • binding death benefit nominations and the 3 year sunset clause.

Get a 20% discount when you buy all the items from this event.

Individual sessions

Creditors and predators – Is your superannuation safe?

Author(s):  Heather GRAY

This presentation covers:

  • SMSFs and asset protection
  • bankruptcy – general principles
  • trustee in bankruptcy
  • transfers void against trustee
  • super – the old and new rules
  • patterns of contribution
  • third party contributions
  • freezing super accounts
  • recovery of void contributions
  • trust deed forfeiture provisions
  • bankruptcy of SMSF member
  • lump sums and pensions – treatment on bankruptcy.
Materials from this session:

Superannuation and effective estate planning

Author(s):  Daniel BUTLER

This presentation covers:

  • estate plans for superannuation benefits
  • binding death benefit nominations and the 3 year sunset clause
  • parents and their children – should they share the one SMSF?
  • new de facto laws – ‘super dependants’ redefined?
Materials from this session: