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ARTICLE · 13 SEPTEMBER 2018

Will your pension be reversionary if you cannot find the pension documents?

Cooper Grace Ward
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It is highly unlikely that a court would accept the pension as reversionary if the pension documents could not be found.

AustraliaEmployment and HR
Scott Hay-Bartlem
Scott Hay-Bartlem
Clinton Jackson
Clinton Jackson
Hayley Mitchell
Hayley Mitchell
Steven Jell
Steven Jell
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In the recent decision of Re Narumon Pty Ltd [2018] QSC 185, an SMSF reversionary pension nomination was upheld despite the trustee not being able to locate the pension documents.

While this was a great outcome for our client, it raises the question of what a trustee's obligation is when continuing to pay a pension to a nominated reversionary beneficiary, or otherwise paying a death benefit in circumstances where documentation is missing or incomplete?

Unfortunately, there is no universal answer, and each matter will depend on its own circumstances. However, where a trustee fails to properly deal the payment, the trustee is at risk of being personally liable for any loss to a beneficiary, as well as legal costs.

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© Cooper Grace Ward Lawyers

Cooper Grace Ward is a leading Australian law firm based in Brisbane.

This publication is for information only and is not legal advice. You should obtain advice that is specific to your circumstances and not rely on this publication as legal advice. If there are any issues you would like us to advise you on arising from this publication, please contact Cooper Grace Ward Lawyers.

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