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Estate planning paper

Member Price: $57.00
Non Member Price: $75.00

DisclaimerThis material is copyright. Apart from any fair dealing for the purposes of private study, research, criticism or review, as permitted under the Copyright Act, no part may be reproduced by any process without written permission from The Tax Institute.
Unless expressly stated, opinions are not that of The Tax Institute, which accepts no responsibility for the accuracy of any of the information contained within it.

Published on 03 Jun 20 by NATIONAL DIVISION, THE TAX INSTITUTE

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, is the Principal Lawyer, a Chartered Tax Adviser and an accredited SMSF Specialist Advisor™ of the Melbourne-based legal practice, Nathan Yii Lawyers. He is a graduate of Melbourne Law School and holds a Bachelor of Commerce (Accounting), a Bachelor of Laws (Hons) and a Master of Laws. Nathan is recognised in Doyles’ Guide as a leading lawyer – a Preeminent Wills, Estates & Succession Planning Lawyer and a Leading Wills & Estates Litigation Lawyer in Victoria in 2021. Nathan takes a strategic approach to legal practice and focuses on tax-effective solutions, estate planning, asset protection, SMSF compliance and trusts, estates and SMSF disputes. He works with and consults to high net worth individuals, family offices, legal and non-legal professionals and their clients. Nathan is a regular presenter in his areas of interest and expertise, and regularly presents for organisations and practitioner discussion groups throughout Australia. He 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. Nathan was awarded The Tax Institute’s national Dux Award for CTA3 Advisory and the prestigious Justice Graham Hill Scholarship in 2017. Nathan has also been appointed as a member of the Academic Board at The Tax Institute. - Current at 23 July 2025
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Estate planning

Author(s):  Nathan Yii

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