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
| Role | What they do |
|---|---|
| Assistance | Supporting 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. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.