This session examined:
- the definition of a self-managed superannuation fund - trustee requirements
- dealing with issues of capacity of SMSF members and addressing incapacity in the fund deed or corporate trustee constitution
- the necessity and use of enduring powers of attorney for members
- addressing control at the SMSF trustee level on loss of capacity or under power of attorney
- the transition of control during one's lifetime on loss of capacity and subsequently on death: lessons from Dawson v Dawson [2019] NSWSC 826
- death benefit payment issues and whether attorneys have power to make binding death benefit nominations: lessons from Re Narumon QSC 185.