Superannuation & Trusts are often seen as daunting and complex areas of the law for individuals and businesses alike. With a little help, they don’t have to be. Whether acting for an individual or a business, our Superannuation & Trust experts can ensure that you are meeting your legal obligations whilst getting the most out of your entities and truly setting yourself or your business up for a strong future.
At HHG, we can establish any type of Self Managed Superannuation Fund (SMSF) that will suit your specific needs. Should you already have a SMSF in place, our experienced team can make necessary updates to the SMSF trust deed to ensure that it is compliant with the forever changing superannuation laws.
It is also important to understand that benefits from your superannuation fund do not automatically form part of the deceased’s estate. The trustee of the deceased’s superannuation fund maintains the discretion to distribute these death benefits to beneficiaries of their choosing as long as it is compliant with superannuation laws.
A Binding Death Benefit Nomination effectively allows the deceased to nominate a person to receive the Superannuation Death Benefit. It is, however, necessary for that person to remain a beneficiary permitted by superannuation laws. Our team of Solicitors have years of experience in drafting these nominations and providing our clients with greater certainty as to who will receive their Superannuation benefit on their death.
Trusts are a popular form of business structure that effectively enables a company or person (trustee) to hold assets transferred to it for the benefit of another (a beneficiary). They are commonly utilised to protect assets from potential creditors and to allow income generated by assets within the trust to be distributed to beneficiaries in a tax effective manner.
Our trusts team have decades of experience in drafting trusts deeds that can suit your specific personal or business circumstances. This includes, but is not limited to fixed unit trusts and discretionary trusts. We cater for all business sizes ranging from major business ventures, or smaller family or personal trusts.
All advice provided in relation to superannuation and trusts is supported by highest quality tax advice from our tax team. Our aim is to provide our clients with cost effective advice and to protect their interests every step of the way.
We also provide the following legal services should you already have a trust in place;
- Trust variations and updates.
- Deeds of excluding beneficiaries pursuant to family court orders.
- Deeds of appointment of trustee, guardian or appointors.
- Vesting of property to beneficiaries of trust at nominal stamp duty.
- Complete reviews of trusts and provide advice.