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Death Benefits

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Div 296 may mean your estate pays tax on assets your beneficiaries never receive

The new super tax, applying from 1 July, introduces more than just a higher rate on large balances. It brings into focus a misalignment between where wealth sits and where the tax on that wealth ultimately falls.

Want your loved ones to inherit your super? You can’t afford to skip this one step

One in five Australians die before retirement and most have not set up their super properly so their loved ones can benefit from all their hard work and savings. 

Death benefits from super don't need to be this complicated

This may surprise you, but a person's super balance does not automatically form part of their estate. A simple change could bring greater certainty to Australians, quicker payouts for families, and lower super fees.

Making death benefit nominations work for you

The High Court recently ruled that the traditional three-year lapsing binding death benefit nominations do not apply to SMSFs, but many SMSF trust deeds contain specific provisions on how the nomination must work.

Common confusions with death benefit pensions

Awareness of common misunderstandings in relation to the payment of death benefit pensions can assist in estate planning matters. Given the large amounts involved, seeking professional advice helps.

Court holds SMSF trustees accountable

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.

Strategies for avoiding the super 'death duty'

The 17% tax on the taxable component of superannuation paid to non-dependants upon death acts like a death duty, and it's worthwhile finding out how to avoid it using legal means.

What happens at death of an SMSF member?

By understanding superannuation law and implementing the right structure, SMSF members can ensure their super is passed onto their heirs after death with a minimum of fuss.

When death benefits include life insurance

SMSF trustees should understand the tax consequences when death benefits include insurance proceeds because it can vary greatly according to circumstances, and these should be planned for in advance.

Limits to a will’s power over an SMSF

Unlike the rest of a person's estate assets, a will has no power over the decisions of trustees of a superannuation fund when it comes to the payment of a death benefit.

Easier transfer of death benefit pensions

Transferring a death benefit pension can be complicated but new legislation from 1 July 2017 simplifies the process.

Court defends super death benefits from bankruptcy

Falling into bankruptcy is rarely a planned event, and can leave little to start over. Recent court decisions provide confidence that when Plan A fails, superannuation is a good Plan B.

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Want your loved ones to inherit your super? You can’t afford to skip this one step

One in five Australians die before retirement and most have not set up their super properly so their loved ones can benefit from all their hard work and savings. 

Indexation implications – key changes to 2026/27 super thresholds

Stay on top of the latest changes to superannuation rates and thresholds for 2026, including increases to transfer balance cap, concessional contributions cap, and non-concessional contributions cap.

Super is catching up, but ageing is a triple-threat

An ageing Australia is shifting the superannuation system’s focus from accumulation to the lifecycle of retirement. While these pressures have been anticipated for decades, they are now converging at scale and driving widespread industry change.

Has Australia wasted the last 30 years?

The 20 years after Peter Costello left Treasury have been deemed wasted...by Peter Costello. The missed opportunities for Australia began long before.  

The refinery problem: A different kind of energy crisis in 2026

The Strait of Hormuz closure due to US-Iran conflict severely disrupted global energy supply chains. While various emergency measures mitigated the crude impact, the refined product market faces unprecedented stress.

3 ways to defuse intergenerational anger

With the upcoming budget increasingly likely to include bold proposals to alter the tax code I’ve outlined three incremental steps with fewer unintended consequences.

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