In a recent speech, an ATO Deputy Commissioner emphasised how important it was for trustees of SMSFs to have a plan in place for the succession and control of the SMSF on the death of incapacity of members who are trustees (or directors of the corporate trustee).
He said that other documentation such as wills, enduring powers of attorney, (EPoA), binding death benefit nominations and revisionary pension documents should be checked to ensure they are consistent and in agreement with the members’ goals.
In some cases, surviving member/s of the fund may not wish to continue as trustee/s (or director/s of the corporate trustee).
An exit strategy, that can enable the surviving members to enjoy the benefits of the fund without having to remain trustees, is to appoint an approved trustee licensed by APRA (that is, become a small APRA fund).
If you would like to discuss any of this please contact our office.
