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Estate planning paper


This paper covers:

  • definition of a self-managed superannuation fund
  • dealing with issues of capacity of SMSF members – addressing Control at the SMSF trustee level on loss of capacity or under power of attorney
  • the necessity and use of enduring powers of attorney for members
  • addressing incapacity in the SMSF’s governing rules or corporate trustee constitution
  • transition of control during one’s lifetime on loss of capacity and subsequently on death lessons from Dawson v Dawson [2019] NSWSC 826
  • death benefit payment issues and whether attorneys have power to make binding death benefit nominations: lessons from re Narumon QSC 185.



Author profile

Nathan Yii CTA
Nathan Yii CTA Nathan Yii CTA is an experienced structuring and estate planning lawyer in Australia. He is recognised as a leading Wills and Estates lawyer and an Estate Litigation Lawyer in Doyles’ Guide. He works with accountants, financial planners and other lawyers to achieve their clients’ structuring and estate planning objectives, with a focus on tax-effective solutions, asset protection, SMSF compliance and dispute resolution. Nathan is a regular presenter in his areas of expertise and is also an adjunct lecturer and advisory committee board member for the Estate Planning Practice Specialisation in the Master of Laws program at the College of Law. Academic Qualifications: • Bachelor of Commerce (Accounting) • Bachelor of Laws (Hons) • Master of Laws (Taxation & Superannuation) Professional Associations & Designations: • Chartered Tax Advisor (CTA) • SMSF Specialist Advisor (SSATM)– SMSF Association - Current at 25 August 2020
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