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Estate planning and superannuation: current issues

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Published on 01 May 21 by "TAXATION IN AUSTRALIA" JOURNAL ARTICLE

This article discusses the following: when to use reversionary pensions, and when not to; alternatives for when binding death benefit nominations are not the answer; how to correctly pass control of self-managed superannuation funds on death or incapacity — and how not to; and the importance of knowing your trust deeds.

Author profiles

Scott Hay-Bartlem CTA
Scott is a partner in Brisbane law firm Cooper Grace Ward and a director of the SMSF Association. He and his team specialise in assisting clients and their other advisers including accountants and financial planners with tax and superannuation (particularly SMSFs) advice; estate planning, administration and disputes; family businesses, business structuring; business succession arrangements; asset protection and restructuring. Scott has a particular interest in how these areas intersect with self-managed superannuation funds and the impact of and on these structures. He is a director of the SMSF Association and a SMSF Specialist Advisor™ with the SMSF Association, a Chartered Tax Adviser, a member of the Society of Trust and Estate practitioners. Scott chairs the Cooper Grace Ward Diversity Committee and its ARCUS sub-group, and is the leader of the firm’s Private Client Commercial group. Scott been selected by his peers for inclusion in the 13th Edition of Best Lawyers in Australia in the practice areas of: Superannuation Law, Trusts and Estates Wealth Management / Succession Planning Practice and Commercial Law. He was named the 2016 Brisbane Wealth Management/Succession Planning practice ‘Lawyer of the Year’ and the 2019 Superannuation ‘Lawyer of the Year’. Scott has been listed in Doyle’s Guide for Queensland Estate Planning lawyers as a pre-eminent practitioner, and was a finalist in the Australasian Law Awards for ‘Commercial Partner of the Year’ for 2020. He has a Bachelor of Laws (Hons) and a Bachelor of Business (Accy) from the Queensland University of Technology. Scott also has also completed the Certificate of Superannuation Management and the Diploma of Superannuation Management run through ASFA and Macquarie University, and the Foundation Diploma of Financial Planning. - Current at 06 January 2021
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Clinton Jackson
Clinton Jackson is a partner in Cooper Grace Ward’s commercial team, advises his clients on an extensive range of commercial and corporate matters, business mergers, acquisitions and sales, tax and structuring issues, self-managed superannuation, asset protection and succession, restructuring and exit strategies. Clinton’s unique range of expertise enables him to assist his clients with both their personal and business legal issues and to advise through all phases of the business/investment lifecycle – from start-up, to growth, expansion, transition and exit. Clinton is an accredited SMSF Specialist Advisor with the SMSF Association and a member of the Society of Trust and Estate Practitioners. - Current at 10 December 2024
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