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Practitioners told to review trust deeds

Practitioners told to review trust deeds
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In light of the budget proposals, SMSF practitioners should be addressing any trust deeds that do not allow clients to add or remove reversionary beneficiaries, according to an SMSF admin firm.

Heffron SMSF Solutions head of customer Meg Heffron says following the budget changes, many clients will want to either add a reversionary beneficiary or take one away.

“There are powerful drivers to go either direction, but ideally what you want is to be able to do that without stopping your pension; you want to be able to do it while it’s still running,” Ms Heffron said.

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“If your [client’s] trust deed doesn’t allow that, then now is a good time to update [their] trust deed.”

Ms Heffron said while most decent trust deeds will not be affected by legislative changes such as different contribution levels, the trust deed will set out whether the trustee can add or take away the reversionary beneficiary without turning the pension off.

“That’s some housekeeping you can do beforehand [with the client]. That way, when it comes to actually deciding on whether to add or take away a reversionary beneficiary after the legislation has been passed, you can implement it quite quickly,” she said.  

“You won’t need to go through the process of changing the trust deed and having a separate conversation with the client.” 

Miranda Brownlee

Miranda Brownlee

Miranda Brownlee is the deputy editor of SMSF Adviser, which is the leading source of news, strategy and educational content for professionals working in the SMSF sector.

Since joining the team in 2014, Miranda has been responsible for breaking some of the biggest superannuation stories in Australia, and has reported extensively on technical strategy and legislative updates.
Miranda also has broad business and financial services reporting experience, having written for titles including Investor Daily, ifa and Accountants Daily.

You can email Miranda on: miranda.brownlee@momentummedia.com.au