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Trust Deeds

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The nuts and bolts of testamentary trusts

Unlike family trusts, testamentary trusts are activated posthumously, empowering you to exert post-death control over your assets. Learn how testamentary trusts offer unique benefits and protective measures.

The nuts and bolts of family trusts

There are well over 800,000 family trusts in Australia, controlling more than $3 trillion of assets. Here's a guide on whether a family trust may have a place in your individual investment strategy.

Meg on SMSFs: Why a trust deed is still important

Even though SMSF trust deeds are often generic nowadays and almost always easy to change, they’re still vital. They’re definitely not all the same so it’s important that SMSF trustees know what they’ve got.

Meg on SMSFs: why my kids don’t belong to my SMSF… yet

Should you bring your children into your SMSF? It's a complex issue that's likely to be different for everyone, though here are some considerations before making a decision - one that hopefully satisfies all parties.

7 vital steps to compliance for your SMSF

A significant compliance breach can materially affect the tax effectiveness of your SMSF, so check you are complying with these seven steps and stay on top of the administration and obligations.

SMSFs and the control over estate planning

An SMSF’s governing documents, including the trust deed, should specify trustee structure in the event of the death of a member, to ensure that the deceased’s estate plan is realised.

Why SMSFs should have a corporate trustee

Only 22% of SMSFs have a corporate trustee, with the rest using individual trustees. The benefits of a corporate trustee are not widely appreciated or adopted, but they will be realised when it's too late.

SMSFs need care dealing with related parties

Transacting with related parties within an SMSF needs careful attention to avoid contravening the law. It can be tricky working out who is a related party, but doing everything at arm's length is a good start.

Importance of updating your SMSF Trust Deed

Your SMSF Trust Deed is an important document, governing what the trustees are allowed to do. As superannuation laws change, so too must the Trust Deed, or you risk having a non-compliant fund on your hands.

Reader questions on operating an SMSF

A compilation of answers to readers’ questions covering powers of attorney, enduring guardianship, succession planning and limited recourse borrowing arrangements (LRBAs) within an SMSF.

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