SMSF ESTATE PLANNING LAWYERS IN SHELLHARBOUR

Since 2007, self-managed superannuation funds have been permitted to borrow money to acquire eligible investment assets, including property. At Kells, we help clients through the full LRBA process, with a focus on maintaining compliance with superannuation regulations and structuring arrangements effectively.

We can assist with:

• Purchases of property by SMSFs
• Advising on loan documents
• Transfers of property from members to trustees
• Preparation of holding trust deeds and supporting trustee resolutions
• Applications for concessional stamp duty on holding trust deeds
• Related party loans
• Commercial and residential leases
• Transfers of property back to the trustee
• Lost trust deeds.

Active member participation is critical to the operation of an SMSF. However, situations may arise where a member is temporarily or permanently unable to act—for example, due to overseas travel, illness, or loss of capacity.

Our team prepares powers of attorney that reflect the specific needs of SMSF members. These documents are designed to keep your fund compliant with the Superannuation Industry (Supervision) Act 1993, even when unexpected circumstances affect decision-making within the fund.

Superannuation often represents a significant part of an individual’s total wealth. However, many people incorrectly assume that their superannuation balance automatically forms part of their estate and is distributed under their Will.

In reality, superannuation death benefits can only be paid to specific dependants or directly to the estate, depending on the nomination in place. Without a valid nomination, the trustee of the SMSF will decide how those benefits are distributed, following the rules outlined in the fund's trust deed.

If a nomination is outdated, incomplete, or missing altogether, the outcome may not reflect your intentions. This can result in benefits going to unintended recipients or being divided in ways that create conflict.

Keeping your nomination up to date and reviewing it regularly is essential. Binding nominations, in particular, should be approached with care and reviewed alongside your broader estate arrangements. At Kells, we assess your position and help put in place a nomination strategy that aligns with your priorities and protects those you care about.

More SMSFs are moving towards using corporate trustees due to the long-term advantages they offer. We assist with all aspects of trustee changes, including transitioning from individual trustees to a corporate structure in accordance with the fund's deed.

If your SMSF holds real estate, we can also manage the legal process of updating title details to reflect the new trustee arrangement. We help facilitate a complete and efficient transition from start to finish.

In New South Wales, SMSF members may be able to transfer business-use property from their personal name into their fund at a reduced stamp duty rate. This concession can deliver substantial savings, but strict eligibility rules apply.

Our team works with your accountant or financial adviser to:

• Liaising with your accountant and/or financial advisor
• Reviewing relevant documentation of your SMSF
• Preparing and lodging the concessional stamp duty application on behalf of the SMSF
• Once the concessional duty is approved, preparing all necessary transfer documentation and attending to registration of the transfer of the property into the SMSF.

This process helps SMSF members secure the benefit while staying compliant with legislative requirements.