Académique Documents
Professionnel Documents
Culture Documents
SUPERANNUATION
SUPER, PERSONAL
REPRESENTATIVES AND
CONFLICTS OF INTEREST
Christine Smyth is
a partner at Robbins
Watson Solicitors &
Deputy President of
the Queensland Law
Society. Katerina
Peiros is Principal
of Hartwell Legal.
88
LSJ
ISSUE 25
AUGUST 2016
SUPERANNUATION
Conclusion
Given the importance of superannuation
and the recent case law, lawyers might
consider advising:
willmaker clients:
to pay greater attention to their
choice of executor;
to include conflict clauses in the will;
about the consequences of
reversionary pensions, binding and
non-binding nominations and choice
of beneficiary for superannuation
(whether in SMSFs or large funds);
personal representative (PR) clients:
about the consequences of seeking
the payment of death benefits
personally to the adverse interest of
the estate;
to consider making a joint
application with another person, not
becoming a personal representative
of the estate or considering the
manner, timing and sequence of
their application for a grant and their
personal application for SDBs; and
beneficiary clients:
as to the duties owed to them by PRs
and holding the PRs to account.
ISSUE 25
AUGUST 2016
LSJ
89