Map BDBN and SMSF death-benefit nominations against the deed and the SIS Act

Key facts

Human involvement
RedLawyer-led
How AI is used
From the fund deed and nomination, table binding-nomination availability, dependants under SIS Act s 10, and interaction with the will, with deed cites.
What the lawyer must review
  • Remember super sits outside the estate; the SIS Act 1993, SISR 1994 and the fund deed govern
  • Read this fund's deed for lapsing and BDBN form; after Hill v Zuda the deed governs SMSF nominations
  • Apply the three-year lapse and two-witness rules if the deed requires reg 6.17A compliance
  • Check dependant status under SIS Act s 10 and, separately, ITAA 1997 s 302-195
  • Check tax: 0% for tax dependants; up to 17% (15% + 2% Medicare) on the taxable component otherwise
  • Note the tax-free component stays tax-free
  • Consider a superannuation proceeds trust; a defective BDBN leaves the trustee an unfettered discretion
Written for / version
Commonwealth versionCth

Rules that apply

The document starts from the task name. Change it if this piece of work is different.

Who does what

Who does what
RoleWhat they do
AssistanceSupporting preparation only. Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. Substantive advice, judgement and any restricted content remain with the responsible human.
LawyerPerform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use.

Checklist

  1. Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
  2. Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
  3. Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.

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