Articles

SMSF – Is your reversionary pension really binding?

A super fund is, at its most basic, simply a ‘trust’.

The ‘trustee’ of the super fund holds the ‘member’s balance’ on trust for the ‘member’.

What most people don’t realise is that because the super fund is a trust, it’s governed by the rules of equity that set out how trusts must be run.

Let’s say you have a SMSF (Self Managed Super Fund) and you receive a super pension during your lifetime, and on your death you want your pension to be paid to your surviving spouse.

Super death benefits – what could go wrong?

If you are in a retail super fund, then your choices as to whom and how your super is paid after you die may be limited.

You will generally be able to specify ‘who’ gets your super, and in what ‘proportions’.

You generally will not be able to specify specific amounts, nor specify even basic “what if” scenarios, such as “If Jonny is under 25 he is to get 75% of my super, otherwise my super is to be split equally among my children”.

Super Asset Protection

In addition to providing for retirement, funds properly accumulated in a regulated superannuation fund have risk management benefits if financial adversity occurs and the person needs the protection of bankruptcy.

A common stress for older people who need to become bankrupt is that they will not have time to recover from the financial adversity they have experienced.

The good news is that funds held in a regulated superannuation fund are protected and are not available to the bankruptcy estate.

A Death Tax by Stealth

Did you know that your superannuation savings could be subject to a hefty tax when you die?

Most people don’t know it, but there are death taxes by stealth in Australia.

While it’s not an inheritance tax per se, millions of Australians’ retirement savings may be taxable upon death.

It all depends on your marital status and whether you have “dependants” (that is children or someone else who lives with you and financially depends on you).

Separation, Divorce and Superannuation

Did you know that your ex may be able to claim half your superannuation, even if you aren’t married?

Although moving in with your significant other can be exciting, under certain circumstances, this could spell disaster for your superannuation.

Moving in together is an exciting time for people in relationships. Likely the last thing on your mind is what might happen in the event of a break-up.

Paying Superannuation Death Benefits

A superannuation death benefit is a payment made by a super fund to a dependent beneficiary or to the trustee of a deceased estate after the member has died.

The trustee of the super fund should make this payment as soon as possible after the member’s death.

The form of the benefit payment, and who it is paid to, will depend on the governing rules of your fund and the relevant requirements of the Superannuation Industry (Supervision) Regulations 1994 (SISR).