SMSF ESTATE PLANNING LAWYERS IN SYDNEY

Since 2007, SMSFs have been able to use borrowed money to acquire a range of investment assets and properties. At Kells, we have the expertise, knowledge and manpower to assist you through the entire process. Our goal is to ensure your fund complies with all superannuation laws.

Our lawyers can assist with:

• Purchases of property by SMSFs
• Advising on loan documents
• Transfers of property from members to trustees
• Preparation of holding trust deeds and supporting trustee resolutions
• Applications for concessional stamp duty on holding trust deeds
• Related party loans
• Commercial and residential leases
• Transfers of property back to the trustee
• Lost trust deeds.

Member control is essential for any SMSF. It is important to plan for situations where a member cannot act. This could include extended travel overseas or a loss of capacity due to illness or injury.

We can prepare the power of attorney documents to suit individual circumstances. These documents help ensure the fund remains compliant with the Superannuation Industry (Supervision) Act 1993 if unexpected events occur.

Superannuation balances often make up a large portion of a person’s total assets. Many people assume that superannuation automatically becomes part of their estate and is distributed under their Will. This is not the case.

Under superannuation law, death benefits can only be paid to specific individuals or to the deceased member’s estate. To control how these benefits are distributed, members must complete a valid death benefit nomination form. If no valid nomination exists, the SMSF’s rules and the trustee will determine how the benefits are paid.

Failing to prepare a proper death benefit nomination can lead to unintended outcomes. Benefits may be paid to the wrong individuals or in amounts different from what you intended.

SMSF members must keep their death benefit nomination forms up to date and review them regularly. Binding death benefit nominations should also be carefully considered as part of your estate planning process. At Kells, we conduct a thorough review to create a clear and effective estate plan that aligns with your wishes and circumstances.

In NSW, SMSF members can transfer business real property held in their individual names into their SMSF for a nominal stamp duty fee. To qualify, certain strict criteria must be met.

We assist SMSFs to obtain this concession, saving thousands in potential stamp duty by:

• Liaising with your accountant and/or financial advisor
• Reviewing relevant documentation of your SMSF
• Preparing and lodging the concessional stamp duty application on behalf of the SMSF
• Once the concessional duty is approved, preparing all necessary transfer documentation and attending to registration of the transfer of the property into the SMSF.

If you need advice or more information about an SMSF, contact our experienced estate planning team today.

In NSW, members of a SMSF can transfer business real property held in their individual names into their SMSF for a nominal stamp duty fee, provided that certain strict criteria are met. We assist SMSFs obtain this concession, saving thousands in potential stamp duty by:

• Liaising with your accountant and/or financial advisor
• Reviewing relevant documentation of your SMSF
• Preparing and lodging the concessional stamp duty application on behalf of the SMSF
• Once the concessional duty is approved, preparing all necessary transfer documentation and attending to registration of the transfer of the property into the SMSF.