Category Superannuation Law

Estate Planning for Blended Families — What You Need to Know Before It’s Too Late

This article was written by Nancy Wang, Principal solicitor at W & G Lawyers. For further information about Nancy Wang’s professional background, legal experience, and areas of practice, please click on her name to view her full profile.

Blended families are increasingly common across Australia, yet they remain one of the most complex situations in estate planning. Where two people come together each with children from prior relationships, real property in various ownership structures, superannuation, insurance, and accumulated wealth — the stakes of getting an estate plan wrong are very high.

This article walks through the key issues every blended family should consider before meeting with a solicitor. It is general information only. Because every family’s situation is different, we strongly recommend obtaining independent legal advice tailored to your circumstances.

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Understanding Superannuation in Estate Planning

Superannuation is often one of the largest assets a person holds, yet many Australians do not realise it does not automatically form part of their estate. Because superannuation is held in a trust and governed by superannuation legislation and fund rules, the benefit may not be distributed in accordance with your Will unless the proper arrangements are in place.

Ensuring your nominations are valid, current, and consistent with your broader estate plan is essential. The following overview highlights the key issues to consider.

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ATO Guidance for New SMSF Trustees: Legal Duties and First-Year Compliance

The Australian Taxation Office (ATO) has issued new guidance for trustees who have recently established a self-managed super fund (SMSF). Trustees are reminded that several compliance steps must be completed by 31 October.

While accountants often provide important administrative support, trustees remain personally and legally responsible for compliance with the Superannuation Industry (Supervision) Act 1993 (“SIS Act”) and regulations. At W & G Lawyers, we work closely with trustees and their accountants to ensure these obligations are understood and properly managed.

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SMSF Trustee Changes, Death Benefits & Disputes: A Legal Guide for Trustees

Establishing a Self-Managed Superannuation Fund (SMSF) is not the final step—it is the beginning of an ongoing legal and compliance journey. As life circumstances evolve—through marriage, death, separation, or the departure of members—so too do the legal obligations and risks associated with your SMSF. Without ongoing legal supervision, an SMSF can become vulnerable to serious disputes, compliance breaches, and unintended tax consequences.

This article highlights critical post-establishment issues trustees must be aware of, including trustee changes, death benefits, disputes, and questions about purchasing property through an SMSF using a custodial trust. At W & G Lawyers, we are committed to ensuring that your SMSF remains legally robust and aligned with your intentions, no matter what changes life brings.

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Common Mistakes to Avoid When Using an SMSF to Buy Property with a Loan

Using a Self-Managed Superannuation Fund (SMSF) to invest in real property can be a powerful wealth-building strategy for Australians. But when borrowed funds are involved, the legal and compliance risks increase significantly. One of the most common and costly errors occurs right at the beginning — when the wrong purchaser is named on the contract.

At W & G Lawyers, we regularly assist clients in navigating the legal complexity of SMSF property purchases involving finance, ensuring the right structure is in place from day one.

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Can You Use Your SMSF to Buy Property? Here’s What You Need to Know

Using a Self-Managed Super Fund (SMSF) to invest in property is becoming a popular strategy among Australians looking to take more control of their retirement savings. Whether you’re thinking of buying a commercial property for your business or diversifying your super portfolio, it’s definitely possible — but the rules are strict, and getting it wrong can be costly.

At W & G Lawyers, we help make sure you stay compliant and confident from start to finish.

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Managing Your Future: Is an SMSF Right for Your Family?

Self-Managed Super Funds (SMSFs) have become an increasingly popular option for Australians seeking greater control over their retirement savings. Unlike traditional industry or retail super funds, an SMSF gives its members the ability to manage their own investment strategy, including direct property and share ownership. However, with this flexibility comes significant legal responsibility. If you are considering setting up an SMSF, it is essential to understand the legal framework, compliance obligations, and potential risks involved.

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