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Divorce, death and super – how to exit an SMSF video


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Member Price: $99.00
Non Member Price: $121.00

Publication date: 21 Jul 22 |

Abstract:
Exiting an SMSF can have its challengers, particularly as a result of a divorce or death. In this paper, Phil and Philippa address these issues including:

  • Options and procedural requirements for exiting a member on divorce
  • Liquidity issues and in specie transfers from SMSFs in the context of death and divorce
  • Key steps on death of a member, including super law requirements and practical considerations and;
  • Tax considerations in relation to payment of death benefits

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Divorce, death and super – how to exit an SMSF
Author(s):  Philippa Briglia,  Philip BRODERICK

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Author profiles

Philippa Briglia
Philippa is a senior associate at Sladen Legal and works with Phil Broderick in the superannuation team. She has extensive experience in advising on the superannuation regulatory framework, particularly in an SMSF context. She regularly provides advice on complex structures and arrangements involving SMSFs and SMEs. Philippa has been published in numerous industry publications, including the Tax Institute Journal. She has presented at seminars and conferences held by the Tax Institute, the Television Education Network, and Leo Cussen Centre for Law. - Current at 20 June 2022
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Philip Broderick CTA
Phil Broderick, CTA is a principal of Sladen Legal and heads its superannuation team. He is member of a number of superannuation related committees, including being a member and the former chair of The Tax Institute’s superannuation committee and director and chair of the Institute of Financial Professionals Australia technical and policy committee. He is also a member of the ATO’s the Superannuation Industry Stewardship Group . Phil is also heavily involved in liaising with Treasury and ATO in relation to the implementation of new super laws and administrative practices. Phil’s areas of practice include superannuation, duties and state taxes, estate planning and succession, trusts, federal tax and business structuring. Phil was listed in the 2020 to 2026 Best Lawyers Australia for superannuation law and in 2026 for tax law, was recommended in Doyles leading Victorian tax lawyers for 2021 and 2023 and was the winner of the SMSF Association’s SMSF Specialist Advisor (SSA) Top Achiever Award in 2019. - Current at 21 July 2025
Click here to expand/collapse more articles by Philip BRODERICK.
This was presented at Yarra Valley Tax Retreat .

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