Prepare death-benefit nomination steps against the fund deed, including BDBNs
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the fund deed and nomination papers, list binding, non-binding and reversionary nomination types, two-year renewal dates for lapsing BDBNs, and eligible nominees.
- What the lawyer must review
- Remember super follows the fund deed, not the will; verify nomination validity under this deed
- Check whether the deed allows non-lapsing BDBNs (many industry funds do not)
- Confirm nominees are 'dependants' (SIS Act s 10(1)) or the legal personal representative
- Check SMSF death benefit rules, which differ from APRA funds (ATO: sole purpose test, payment standards)
- Check reversionary pension effects on the assets test exemption and transfer balance cap
- Confirm the execution date of a lapsing BDBN and diarise its two-year renewal
- 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 | Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Trace every relied-on figure to its source, confirm dates and assumptions, and independently recalculate totals or derived amounts.
- 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.