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      SMSF Notification of Death of Member

      About Product

      The LYD Notification of Death of Member is a notification to the Trustee to acknowledge the death of a Member and to appoint the Legal Personal Representative of the Member as a replacement trustee of the Fund.

      The notice by the legal personal representative is followed by a Trustee resolution that acknowledges the death of the Member and starts the proceedings that is to be followed until the death benefits are paid out.

      ► $49.00 (inc GST) - OR provided under your unlimited membership

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

      General Information

      When a Member of an SMSF has passed away, it is important that the trustee is notified of this and if the SMSF Deed allows for it, then appoint the deceased Member’s Legal personal representative as the replacement Trustee or replacement director of the corporate trustee until the death benefits are paid out.

      Benefits

      • Provides a list of things for the Trustee to do after the death of the Member and appointment of the Legal personal representative as replacement trustee until death benefits are paid out.
      • Easy to understand and complete
      • Complies with all legal requirements and superannuation laws

      Frequently Asked Legal Questions

      Is the appointment of the Legal Personal Representative as the replacement Trustee of the Fund permanent? 

      No, it is only temporary and the legal personal representative is only appointed as the replacement trustee until the death benefits of the deceased member have been paid out.

      How long does this document take to assemble?

      Depending on the complexity of the data, this document should take approximately 30-50 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.

      Can I get a sample of this document?

      Yes, please email support@lyd.com.au to request a sample document for you to review.