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APRIL 2026 Updates

DOCUMENT UPDATES

  • 08/04/2026 Within the Protector Section; the Deed of Promissory Note fomatting, Deed of Endorsement of Promissory Note formatting and Security Deed formatting and table of contents were fixed for the following templates:

    • The Moat and Castle

    • UPE Protector

    • The Protector
  • 20/04/2026 Updated the Index page and it's page of contents.
    Under the Recitals section. Added change of state jurisdiction clause: "The Trustee seeks to change the jurisdiction for the law applying to the Trust from <Changed_Jurisdiction_State Variable> to South Australia in accordance with the SA Supreme Court Case: CLARKE v EBDON [2020] SASC 67."

    Under the Provisions section. Added change of state jurisdiction clause: "Change of Jurisdiction: The Trustee hereby declares that the legal jurisdiction for the Trust is South Australia, effective from the date of execution of this deed."

    Added clause 15. Governing Law and Jurisdiction: "The Trust shall be governed by, and this deed shall be construed in accordance with, the laws of <Jurisdiction State Variable> or <Changed Jurisdiction State Variable>. In relation to it and related non contractual matters each party submits to the non-exclusive jurisdiction of courts with jurisdiction there."

    Added clause 16. Dispute Resolution:
    a)    In the event of any dispute arising out of or in connection with this deed, the Parties shall first attempt to resolve the dispute amicably through good faith negotiations.
    b)    If a Board of Guardians is constituted in this deed, the dispute may be submitted before them for resolution in accordance with the terms of this deed.
    c)    If the dispute is not resolved within thirty (30) days, the Parties agree to submit the dispute to mediation administered by the Australian Disputes Centre (ADC) before having recourse to litigation.

    Under the Schedule 1. Governing Law section will also reflect if the answer to change the jurisdiction if selected. These changes were made for the following templates:
    • Upgrade of Discretionary Trust to a Family Protection Trust
    • Upgrade of Discretionary Trust to a Family Protection Trust (Non-Foreign Person)
    • Upgrade of Discretionary Trust to a LightYear Docs Strategic Discretionary Trust
    • Upgrade of Discretionary Trust to a Non-Foreign Person Discretionary Trust
    • Upgrade of Discretionary Trust to Leading Member DT
    • Upgrade of Discretionary Trust to LM Non-Foreign Person DT
    • Upgrade of Existing Leading Member Discretionary Trust
  • 22/04/2026 Notification to Trustee of Mental Incapacity of Member - Fixed the output template from showing Notification of Death Member into Notification to Trustee of Mental Incapacity of Member.
  • 22/04/2026 Non-fixed Unit Trust - (individual & corporate) - Fixed the letter of advice execution.
  • 24/04/2026 Applied font change from Calibri into Arial. This change was made for the following templates:
    • Enduring Power of Attorney
    • The LYD Will and EPOA
  • 24/04/2026 Added the new form of Queensland (Principal and Spouse - Long and Short Form. This change was made for the following templates:
    • Enduring Power of Attorney
    • The LYD Will and EPOA
    • The Moat and Castle
    • Leading Member SMSF Establishment with EPOA
  • 24/04/2026 Added the new form of Australian Capital Territory (Principal and Spouse Form) This change was made for the following templates:
    • Enduring Power of Attorney
    • The LYD Will and EPOA
    • The Moat and Castle
    • Leading Member SMSF Establishment with EPOA
  • 24/04/2026 Added the new form of Victoria (Principal and Spouse - Long and Short Form). This change was made for the following templates:
    • Enduring Power of Attorney
    • The LYD Will and EPOA
    • The Moat and Castle
    • Leading Member SMSF Establishment with EPOA
  • 24/04/2026 Added the new form of Northern Territory (Principal and Spouse Form). This change was made for the following templates:
    • Enduring Power of Attorney
    • The LYD Will and EPOA
    • The Moat and Castle
    • Leading Member SMSF Establishment with EPOA
  • 24/04/2026 Added the new form of New South Wales (Principal and Spouse Form). This change was made for the following templates:
    • Enduring Power of Attorney
    • The LYD Will and EPOA
    • The Moat and Castle
    • Leading Member SMSF Establishment with EPOA
  • 24/04/2026 Added the new form of Western Australia (Principal and Spouse Form). This change was made for the following templates:
    • Enduring Power of Attorney
    • The LYD Will and EPOA
    • The Moat and Castle
    • Leading Member SMSF Establishment with EPOA
  • 24/04/2026 Added the new form of South Australia (Principal and Spouse Form). This change was made for the following templates:
    • Enduring Power of Attorney
    • The LYD Will and EPOA
    • The Moat and Castle
    • Leading Member SMSF Establishment with EPOA
  • 24/04/2026 Added the new form of Tasmania (Principal and Spouse Form). This change was made for the following templates:
    • Enduring Power of Attorney
    • The LYD Will and EPOA
    • The Moat and Castle
    • Leading Member SMSF Establishment with EPOA
  • 24/04/2026 Applied font change from Calibri into Arial other remaining templates. This change was made for the following templates:
    • The LYD Will
    • The Moat and Castle
  • 28/04/2026 Applied font change from Calibri into Arial. This change was made for the following templates:
    • Corporate Trustee & Deed Upgrade to LightYear Docs
    • Deed of Rectification and Ratification of Trust Distribution minutes
    • Div7A Umbrella Loan Agreement
    • Leading Member Discretionary Trust Upgrade with Company Constitution
    • Leading Member Kit - Upgrade of SMSF Deed and Corporate Trustee to Leading Member
    • Related Party LRBA (Property)
    • Related Party LRBA (Shares)
    • SMSF Will with Death Benefits Protection Trust
    • The Enforcer
  • 28/04/2026 Updated the letter of advice attachments across the templates. The "Tony Anamourlis" name and signature were removed and replaced with LY Legal team. This change was made for the following templates:
    • Corporate Trustee & Deed Upgrade to LightYear Docs
    • Deed of Rectification and Ratification of Trust Distribution minutes
    • Div7A Umbrella Loan Agreement
    • Leading Member Discretionary Trust Upgrade with Company Constitution
    • Leading Member Kit - Upgrade of SMSF Deed and Corporate Trustee to Leading Member
    • Related Party LRBA (Property)
    • Related Party LRBA (Shares)
    • SMSF Will with Death Benefits Protection Trust
    • The Enforcer
  • 30/04/2026 Within Rule 7. Added definition of Division 296 Release Authority:
     
    Division 296 Release Authority means a release authority issued by the Regulator to the Trustee of the Fund pursuant to any legislation imposing Division 296 Tax (including the Superannuation (Better Targeted Super and Other Measures) Act 2023 or any successor legislation), requiring the Trustee to pay an amount from a Member’s Superannuation Interest to the Regulator in satisfaction of that Member’s Division 296 Tax liability. A Division 296 Release Authority is a Release Authority for the purposes of these Rules but is not an Excess Contributions Release Authority. This change was made for the following templates:
    • Leading Member SMSF Deed of Variation
    • Leading Member SMSF to Leading Member SMSF Variation
    • QROPs SMSF Deed of Variation
    • SMSF Deed of Variation
  • 30/04/2026 Within Rule 7. Added the text or wordings of Excess Contributions Release Authority:
     
    From "Excess Contributions Release Authority is an authority issued by the Regulator, the Member, or the Trustee where allowed under the Superannuation Laws in respect of the payment of Excess Concessional Contributions and/or Excess Non-Concessional Contributions."
     
    Into "Excess Contributions Release Authority is an authority issued by the Regulator, the Member, or the Trustee where allowed under the Superannuation Laws in respect of the payment of Excess Concessional Contributions and/or Excess Non-Concessional Contributions. For the avoidance of doubt, an Excess Contributions Release Authority does not include a Division 296 Release Authority." This change was made for the following templates:
    • Leading Member SMSF Deed of Variation
    • Leading Member SMSF to Leading Member SMSF Variation
  • 30/04/2026 Within Rule 7. Updated the text or wordings of Excess Contributions Release Authority:
    From "Excess Contributions Release Authority is an authority issued by the Regulator, the Member, or the Trustee where allowed under the Superannuation Laws in respect of the payment of Excess Concessional Contributions and/or Excess Non-Concessional Contributions."
     
    Into "Excess Contributions Release Authority is an authority issued by the Regulator, the Member, or the Trustee where allowed under the Superannuation Laws in respect of the payment of Excess Concessional Contributions and/or Excess Non-Concessional Contributions. For the avoidance of doubt, an Excess Contributions Release Authority does not include a Division 296 Release Authority." This change was made for the following templates:
    • QROPs SMSF Deed of Variation
    • SMSF Deed of Variation
  • 30/04/2026 Within the clause 4.5 Payment of Taxes and Excess Contribution. Added the following clause of Division 296 amendments:
     
    e) Division 296 Tax: Where the Superannuation (Better Targeted Super and Other Measures) Act 2023 or any successor legislation imposing a tax on superannuation balances exceeding the Division 296 threshold (“Division 296 Tax”) is enacted and in force, the Trustee is authorised and required to:
     
    i. process any Release Authority issued by the Regulator to the Trustee in respect of a Member’s Division 296 Tax liability;
     
    ii. deduct from the relevant Member’s Superannuation Interest and pay to the Regulator the amount specified in any such Division 296 Release Authority, within the time period required under the Superannuation Laws; and
     
    iii. keep and maintain such records in respect of any Division 296 Release Authority as may be required under the Superannuation Laws. For the avoidance of doubt, a Division 296 Release Authority is a Release Authority for the purposes of these Rules but is separate and distinct from an Excess Contributions Release Authority. This change was made for the following templates:
    • QROPs SMSF Deed of Variation
    • SMSF Deed of Variation