Trusts & Superannuation

Overview

Many families now hold a significant part of their wealth in family trusts and superannuation funds. These structures can provide tax advantages and asset protection, but they also require careful planning to make sure control and benefits pass to the right people when you die or lose capacity.

We assist clients to review, structure and implement trust and superannuation arrangements so that they work seamlessly with their overall estate plan.

Family Trusts

A family trust can be an effective way to protect assets from creditors and to distribute income to beneficiaries in a tax-effective manner. However, the assets in a family trust do not usually form part of your personal estate and are not controlled by your will.

This makes it crucial to consider who will control the trust when you are no longer able to do so. Questions to consider include:

• Who will be the trustee or directors of a corporate trustee?
• Who will hold any shares in a corporate trustee after your death?
• How will decisions be made about distributions to family members?
• What happens if there is conflict between potential controllers of the trust?

We can review your trust deed, identify who currently has control, and put documents in place to provide a stable and predictable transition of control in the future.

Superannuation

Superannuation is often one of the largest assets a person owns, yet it does not automatically form part of their estate. Instead, superannuation death benefits are generally paid at the discretion of the fund trustee, subject to superannuation law and any valid death benefit nomination.

We assist with:

• Reviewing existing death benefit nominations.
• Advising on binding and non-binding nominations.
• Considering who is eligible to receive your superannuation benefits.
• Structuring nominations to work with your will and estate plan.
• Addressing tax implications for different types of beneficiaries.

Our goal is to ensure that your superannuation is directed to the people you choose, in a way that is both tax-conscious and consistent with your broader estate planning objectives.

Self-Managed Super Funds & Corporate Trustees

For clients with self-managed superannuation funds (SMSFs), planning for who will control the fund is just as important as deciding who will receive the benefits. The person who controls the fund can often have a major influence on how death benefits are paid.

We can assist you to:

• Establish an SMSF that suits your needs and intentions.
• Incorporate a company to act as trustee of your family trust or SMSF.
• Plan for succession to the role of director or trustee.
• Coordinate SMSF control with your will and enduring documents.

By thinking ahead about who will be in control, you reduce the risk of disputes and unexpected outcomes after your death.

How We Can Help

We offer practical, tailored advice on how trusts and superannuation fit into your estate planning. Our services include:

• Reviewing existing trust deeds and superannuation arrangements.
• Preparing or updating trust and company documents.
• Advising on death benefit nominations and control of trusts.
• Ensuring your will, trusts and superannuation work together as a single plan.

These structures can provide great benefits when properly managed. We help you use them with clarity and confidence.