• Skip to main content
  • Skip to primary sidebar
  • Skip to footer
[email protected] (02) 9299 4912

Lawyers Sydney | Solicitors in North Shore, Sydney

  • Home
  • Our Story
    • Our Community
    • Our Environment
  • Our Services
    • Sydney’s Premier Commercial Law Firm
      • Starting A New Business
        • New Business Structures
      • Buying & Selling a Business
        • Corporate Mergers and Acquisitions (M&A)
        • Sale or Purchase of Shares in a Private Company
        • FAQ – Sale of Business
        • FAQ – Purchase of Business
      • Commercial Dispute Resolution Law in Sydney
      • Corporate Governance & Asset Protection
      • Intellectual Property & IP Law
      • Contract Law
      • Climate Change, Energy Law & Carbon Trading
    • DEBT RECOVERY LAW
      • Debt Recovery Process
      • Enforcing a Debt or Judgment
      • Car Accidents & Motor Vehicle Claims
    • PROBATE LAW
      • Applying for a Grant of Probate
      • Contesting a Will
      • FAQ’s – Executors and the Administration of Deceased Estates
    • Civil Disputes & Litigation
      • Commercial Dispute Resolution Law in Sydney
        • Shareholder Disputes
        • Partnership Disputes
        • Director’s Disputes
        • Contract & Property Disputes
      • Litigation
        • COMMERCIAL LITIGATION LAWYERS IN SYDNEY
      • Negligence
      • Alternative Dispute Resolution (ADR)
    • Property & Conveyancing
      • Retail & Commercial Leases
      • Selling a Property
        • FAQ – Selling a Property
      • Buying a Property
        • FAQ – Buying a Property
      • Transferring Property in NSW
      • Property Owners Disputes
      • Caveats
      • Mortgages & Securities
      • Option Agreements
      • Electronic Conveyancing in NSW
    • WILL DISPUTE LAW
      • Drafting a Will
        • Children in Wills
        • Letter of Wishes
        • Digital Assets in a Will
      • Power of Attorney
      • Guardianship & Enduring Guardians
      • Elder Law
      • FAQ’s – Wills and Estates
    • Bankruptcy & Insolvency
      • Personal Bankruptcy
        • Bankruptcy Notices
        • Debt Agreements
        • Enforcing a Debt or Judgment
      • Company Insolvency
        • Creditor’s Statutory Demand
        • Creditor’s Petition
        • Winding Up or Deregistering a Company
    • Building & Construction
      • Building & Construction Contracts
      • Building & Construction Disputes
      • Security for Payments Act
    • SYDNEY EMPLOYMENT LAW
    • Insurance Law
    • Public Notary
  • Online Quotes
    • Simple Will Quote
    • Debt Recovery Quote
    • Conveyancing Quote
  • Meet the Team
    • Michelle Rockliff
    • Nicole Rockliff
    • Sarah Mooney
    • Nathan Rockliff
    • Trudy David
  • News & Articles
  • Contact Us
You are here: Home / News / Probate, Estate Administration & Disputes / A Binding Nomination for a Self-Managed Superannuation Fund

07/03/2014

A Binding Nomination for a Self-Managed Superannuation Fund

A binding nomination overrides the Trustee’s discretion to pay out a death benefit to your dependants as they see fit. The binding nomination requires that the Trustee act in accordance with your wishes. Under section 59(1A) of the Superannuation Industry Supervision Act, 1993 (“SISA”), a binding nomination is not compulsory for a Self-Managed Superannuation Fund (“SMSF”), but if you do have one in your SMSF, then the Trustees of your SMSF must follow the instructions as stated in the binding nomination.

For a nomination to be binding, it is necessary to nominate that your superannuation death benefit is to be paid to either your dependants or to your Estate in accordance with Regulation 6.17A of the Superannuation Industry (Supervision) Regulation 1994. If a binding nomination is made and the Trustees of your SMSF must pay your death benefits to your Estate, then the Executor of your Estate will pay out your superannuation savings according to the terms of your Will.

A binding nomination is valid when two witnesses (aged 18 years or over) sign the nomination document confirming that the contents of the document reflect your wishes. You cannot use witnesses who may benefit from your nomination.

Normally, a binding nomination has to be renewed every three years or it will lapse. As binding nominations are not compulsory in a SMSF, SMSF’s are able to offer non-lapsing or lapsing binding nominations, depending on the SMSF’s Trust Deed. However, if you divorce, remarry or have children, you may need to make sure you update your nominated beneficiaries to reflect your new circumstances.

If no binding nomination is made, then the Trustees of your SMSF will use their discretion to distribute your superannuation savings. Even if you do have a binding nomination, if the nomination form is invalid, then your death benefit will be paid using the Trustee’s discretionary powers by the remaining Trustees of your SMSF.

If the Trust Deed of an SMSF allows for payment of a death benefit in the event of a member’s death, then the death benefit can be paid either to the member’s dependants or to their legal personal representative. If the member does not have dependants, then their death benefit can be paid to their Estate. People who are not classified as dependants of the deceased member can receive a death benefit paid from the member’s Estate.

Contact us to find out more or to arrange a consultation with an experienced lawyer in Sydney CBD.

Primary Sidebar

Search

Categories

  • Wills & Estate Planning
  • Insurance Law
  • General Legal Services
  • Divorce & Family Law
  • Debt Recovery
  • Civil Disputes & Litigation
  • Business & Commercial
  • Building & Construction
  • Bankruptcy & Insolvency
  • General
  • Uncategorised
  • Taxation
  • Superannuation
  • Services
  • Property & Conveyancing
  • Probate, Estate Administration & Disputes
  • News
  • Employment Law

Online Enquiry

* indicates required field

News & Articles

Managing Employees in Australia given the Impact of COVID-19

  We stress that due to the unprecedented nature of the pandemic and the very rapidly changing landscape, the guidelines below are general in nature and subject to change. Many of the laws that now apply to this situation were not written with regard to what is currently occurring. Therefore please exercise caution in relying […]

Temporary Changes to Insolvency Laws in Australia due to the Coronavirus (COVID-19) Crisis

In a move aimed to lessen the economic impact on businesses and individuals caused by the Coronavirus pandemic, the Australian Government has introduced some changes to insolvency laws in Australia that apply to personal and corporate insolvency regimes. This includes a temporary increase to the threshold in which creditors can issue a statutory demand on […]

Coronavirus (COVID-19) Update

Following on from the extensive reporting in relation to the COVID-19 pandemic we have implemented a number of protocols to enable the business to continue operating if a staff member or principal is diagnosed with the virus and/or the office needs to close for a period of time. Our staff and principals have adopted best […]

Footer

The Rockliffs Lawyers Difference

We provide pragmatic and practical solutions to your legal needs
We have decades of combined experience
Our lawyers and consultants are experts in their field to enable us to give you tailored legal advice to suit your specific needs

Contact Us

  • Suite 14, Level 26, 44 Market St Sydney NSW 2000
  • (02) 9299 4912

Connect With Us

  • Email
  • Facebook
  • LinkedIn

Newsletter

Sign up to our newsletter for updates on our latest news, articles and special promotions!

Our website does not give legal advice. All materials are for informational purposes only and should not be relied upon as legal advice. The use of this website is subject to our:
WEBSITE DISCLAIMER – PRIVACY POLICY – TERMS & CONDITIONS OF USE
Liability limited by a scheme approved under Professional Standards Legislation.Copyright © 2020 · Website hosted by Lift Legal Marketing · Log out