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1 April 2025
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Do what you want with your estate but there can be challenges in a court. Older people are vulnerable and they can tell people what they want to hear, but carers can also be successful over family beneficiaries.
Two court cases have laid the blame for poor SMSF documentation and investments at the feet of auditors. It's not a 'tick and flick' exercise and there are lessons for SMSF trustees and professionals.
A recent case highlights the importance of SMSF trustees exercising discretion to pay death benefits in good faith, with real and genuine consideration and in accordance with the purpose of the conferred power.
When combining family and financial matters, what starts out well can turn ugly. Not only should such dealings be properly documented, but also conducted in strict accordance with those documents.