Super Contributions after Death

Adviser Question

We have a deceased client (passed away 16/10/2020). Their SMSF received contribution from ATO on 02/11/2020. Member death benefit has not been paid out.

Can the SMSF accept this contribution?

Strategy Response

It will depend on the SMSF deed and governing rules.  The LightYear Docs deed provides that the person who is the member's replacement trustee or director of the corporate trustee is to continue the membership of the deceased.  As such a contribution can be made on the member's behalf.

If you are not using the LightYear Docs deed then upgrade the deed first.

Please be advised this is general information only, and is not to be taken as legal advice. If you would like more information, or have a legal query, please contact Abbott & Mourly directly.
Reviewed: 17/01/2024