Television Education Network
TEN
The general requirement of an self managed superannuation fund (SMSF) is that all members must be trustees of the SMSF or directors of the SMSF corporate trustee. As such, putting aside disputes between trustees/directors, generally members are making the decisions about their benefits and the assets of the SMSF.
However, what happens when the member losses capacity or dies. Who makes the decisions in relation to the SMSF and the member’s benefits of death benefits. In this paper will examine those issues.
All references in this paper are to the Superannuation Industry (Supervision) Act 1993 (SIS Act) and the Superannuation Industry (Supervision) Regulations 1994 (SIS Regs) unless otherwise stated.
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