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106917
Individual Podcasts

Death Benefits – They Can be Challenging and They Are Being Challenged

Superannuation death benefit challenges can be complex and costly and they are on the rise. This session uses cases, some directly relating to SMSFs and some not, however all with key lessons to takeaway to assist with minimising the risk of a death benefit from an SMSF being disp
PRESENTED BY Stephen Lynch Director - Somerville Legal , North Sydney

Date/Time

About the Podcast

Superannuation death benefit challenges can be complex and costly and they are on the rise. This session uses cases, some directly relating to SMSFs and some not, however all with key lessons to takeaway to assist with minimising the risk of a death benefit from an SMSF being disputed in the future, including:

  • Who can make a binding death benefit nomination (BDBN)? (Re Rentis Pty Ltd [2023] PSC 252)
  • Can a BDBN expire in an SMSF? (Hill v Zuda Pty Ltd [2022] HCA 21)
  • Why are BDBNs being disputed? (incl. Williams v Williams & Anor [2023] QSC 90; Cantor Management Services Pty Ltd v Booth SASCFC 122; van Camp v Bellahealth Pty Ltd [2024] NSWSC 7; Carbisieri v NM Superannuation Pty Ltd [2023] FCA 1319)
  • Does Owies case have an impact on determining who is to receive a death benefit from an SMSF? (Owies v JJE Nominees Pty Ltd [2022] VSCA 142)
  • When to pay to the estate and when to pay to the individual (Wan v BT Funds Management Ltd [2022] FCA 302)
  • Dealing with conflicts of interest when a trustee is a potential death benefit beneficiary (Wareham v Marsella [2020] VSCA 92)
  • Key lessons to take away from case decisions

Presented By

Stephen Lynch
Director, Somerville Legal North Sydney, NSW

Stephen has specialised in the area of wills, probate, estate planning and succession for more than 20 years. His extensive experience includes the preparation of complex wills, including asset-protection measures such as the creation of testamentary trusts. He is a director of Somerville Legal, practicing in both Sydney and the Newcastle/Hunter Region.

In 2010, Stephen’s experience was recognised internationally when he was accepted as a member of the Society of Trust & Estate Practitioners. In 2011, the Law Society of NSW granted Stephen Specialist Accreditation in the field of wills & estates.

Stephen has been named in the prestigious Doyles List every year since 2015 as one of NSW's top Estate Planning and Estate Litigation lawyers.

CPD Information

40 minutes 

0.6 CPD hours/units/points

WA Lawyers – TEN is unable to verify that you have earned CPD for this product as we cannot verify that you have listened to the podcast which is a requirement of the LPBWA.  TEN is an accredited provider.

Enquiries/Assistance

If you need assistance or have an enquiry, please do not hesitate to contact us, on (03) 8601 7700 or email: [email protected]

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