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ARTICLE · 21 JUNE 2023

A super self-managed super funds (SMSFs) tangle

Piper Alderman
Piper Alderman
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In a recent case the exercise of discretion by an SMSF trustee came into dispute.

AustraliaEmployment and HR
Rod Jones
Rod Jones
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Self-managed super funds (SMSFs) are funds usually established by an individual or family relatives as a means of looking after their own super savings. Once again, the exercise of discretion by an SMSF trustee has come into dispute. In the recent Queensland case of Williams v Williams & Anor1, following the death of Anthony Williams (Anthony), his second wife Gayle Williams sought relief in respect of the Boosey Doherty Superannuation Fund (SMSF) of which Anthony was the sole member and co-trustee with his son Paul.

On 26 March 2018, Anthony executed a BDBN directing the trustees to pay 50% of his death benefit to Gayle and 50% to his legal personal representative. Anthony had executed a will in 2020, in which he appointed his other son, Mark, as the executor.

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