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      SMSF Will

      About Product

      The LYD SMSF Will - Binding Death Benefit Nomination and Direction, encompasses the requirements under the Fund’s LYD Trust Deed. It enables the member to incorporate sophisticated estate planning including specific bequests, lumps sums and reversionary pensions.

      ► Provided under Strategist membership.

      ► The master document has been signed off by LY Legal and is congruent with Australian law.

      General Information

      The SMSF Will provides a set of instructions, in a similar fashion to a Will (but for superannuation benefits in a SMSF only) that provides more than six different options and conditions; including the Fund’s adviser, specific bequests, pensions and SMSF Death Benefit Trusts.

      Can I use my current Deed for the SMSF Will? 

      The SMSF Will may be used in other deeds that provide for it.  It is expressly covered in the LYD SMSF Deed and also Leading Member SMSF Deed and we suggest that as the LYD deed is built for 2020 that any current deed be upgraded as part of the process. Please purchase the LYD Deed of Variation document to complete this process. 

      Benefits

      •  Standard SMSF Will documentation is easy to use and apply.
      •  Reversionary pension and lump sum options included.
      •  Sophisticated terms and conditions for strong SMSF estate planning capabilities.
      •  Appoints replacement trustees, professional advisers, revocation of earlier BDBNs and much more.
      •  Provides capacity to pay in-specie lump sums.
      •  Appointment of Replacement Trustee and also appointment to act as a continuing member in the place of the deceased member.
      • Can place caveats on any payments to the deceased member’s legal estate.

      Frequently Asked Legal Questions

      Can I use my current Deed for the SMSF Will? 

      The SMSF Will may be used in other deeds that provide for it.  It is expressly covered in the LYD SMSF Deed and also Leading Member SMSF Deed and we suggest that as the LYD deed is built for 2020 that any current deed be upgraded as part of the process. Please purchase the LYD Deed of Variation document to complete this process. 

      What terms and conditions are available for reversionary pensions and lump sums?

      The terms and conditions cover a wide range options and a six choice option including death benefits – lump sum, in-specie, pensions and much more.

      Can the SMSF Will pension be used for a second spouse and then on death go to the children of the first marriage?

      The original pension member may limit pension receipts in any income year, but not below the minimum pension level as well as limiting commutation payments.

      How long does this document take to assemble?

      Depending on the complexity of the data, this document should take approximately 10-25 secs to assemble. If you experience timing outside of this please contact Support via the Surge app, alternatively please read this article for troubleshooting tips https://info.lightyeardocs.com.au/supportcentre/troubleshooting-longer-assembly-times-timeouts .

      Is this document a legal document?

      All master documents have been signed off by LY Legal lawyers. Tony Anamourlis of LY Legal advises that “at no time, due to inbuilt legal protection and security measures can a user change or amend a document on the LYD platform that has been signed off by a practicing solicitor. To do so would result in the user drafting a document of a legal nature and engaging in the provision of legal services. In addition, it would be a breach of copyright. In our opinion when completing the form fields through the LYD platform, users and their employees are merely carrying out an administrative task which is not the provision of legal advice.”

      However in some complex areas such as the insertion of a varied range of client instructions into a Will or other such documents the user must be mindful of the extent to which a document is being drafted by the user rather than merely the administrative task of completing a form where the relevant fields are inserted into the reviewed and signed  legal document provided by LY Legal.

      The above advice is born out of numerous cases dating back to Re Sanderson, Ex parte Law Institute of Victoria [1927] VLR 394, 397 where the Court held:

      “if a person does a thing usually done by a solicitor, and does it in such a way as to lead to the reasonable inference that he is a solicitor – if he combines professing to be a solicitor with action usually taken by a solicitor – I think he then does act as a solicitor.”

      Likewise in ACCC v Murray (2002) 121 FCR 428, 448 where Murray was building a franchise business that involved the legal writing and drafting of Wills from scratch based on the client’s personal circumstances.  The Court held that this process was legal work.

      Is the document easy to read?

      All LYD products are written in plain English and assessed for readability. If at any time you come across any errors, please contact support@lyd.com.au.

      What lawyers sign off on the LYD documents?

      All LYD documents are prepared and signed off by LY Legal.

      Are the LYD documents reviewed regularly?

      All LYD documents form part of the LYD internal review process. We review all documents at least annually or when required to do so due to changes in legislation. Further details of this process and a review schedule is include on this website.