The Pre-Nup for Your Super: Why You Need an SMSF "Exit Plan" Before You Start
SMSF Administration

The Pre-Nup for Your Super: Why You Need an SMSF "Exit Plan" Before You Start

Maximize AccountantsSMSF Administration

Setting up your own Self-Managed Super Fund (SMSF) is an exhilarating adventure but with such freedom and control comes a responsibility for managing tax. You focus on the investments. You concentrate on the tax advantages. But what some people overlook is one very important fact. They don't think to prepare for the end. Nothing lasts forever. Every SMSF will eventually close. You need a plan for this day.

Starting Off on the Starting Block, Forgetting About the Finish Line

The majority of individuals invest months structuring their fund. They choose trustees. They open bank accounts. They write investment strategies. They hardly ever consider winding down. They take for granted that they will be running the fund indefinitely. This is a mistake. Failure to look for the exit gets him in trouble.

Why Having A Wind-Up Plan Is A Good Idea

A wind-up plan is a kind of safety net. It's to keep you ready for those moments when things don't go your way. Life is unpredictable. You might get sick. You might lose interest. You might move overseas. Without planning, these events are a recipe for chaos. The process is streamlined by a plan. It saves time and money. It protects your nest egg, even if you are unable to handle it.

The Risk of Sudden Illness

Managing an SMSF takes work. It requires a clear mind. What happens if you get sick? What if you have a stroke? A sudden illness can prevent you from overseeing the fund. You lose the ability to sign documents. You have lost the right to choose your investments.

Your fund is frozen if you are the only addressee who acts as trustee. Bills cannot be paid. Assets cannot be sold. The fund becomes non-compliant. The ATO may fine you. An exit strategy is based on that. It means another person can take over without delay.

Family Disputes and Damage

Money often causes fights. SMSF members are usually family. These people are often married. Other times, they are parents and kids. If a marriage unravels, that impacts the fund. If siblings fight, decision-making stops.

Trustees must agree on decisions. If they fail to come to an agreement, the fund is paralyzed. Disputes can destroy the value of the fund. Explicit rules in an exit strategy safeguard all parties. They outlined how they would divvy up the assets. They prevent long legal battles. They specify how a member can leave without killing the fund.

Binding Death Benefit Nominations (BDBN)

One of the critical pieces to any exit strategy is the Binding Death Benefit Nomination (BDBN). For the record, this is an important legal document.

What is it?

This is a command to the trustee. This information precisely who receives your superannuation when you die. It must be written down. It needs to be signed by witnesses. Binding means that the trustee is required to comply.

How it steers payments

When you pass away, your BDBN is your voice. It says, "Pay 100% to my husband." Or, "Fifty percent is to go to my wife and 50 percent is to go to my children." The trustee has no choice. They simply follow the instruction.

Without a BDBN mistakes

A lot of people think their Will takes care of their super. It does not. Super is not in your estate. Without a BDBN, the trustee determines who gets paid. They might choose themselves. They may select one of the kids with whom you are at war. They could, in fact, overlook your bid entirely. This causes major family fights. A valid BDBN stops this.

Enduring Power of Attorney (EPOA)

This is another vital legal document. It is life and death for the living.

What is it?

Enduring Power of Attorney (EPOA) An EPOA allows someone you know and trust to act on your behalf. That person is known as your attorney. "Life-sustaining," is where it goes on even if you are considered to lack mental capacity.

Why that matters

If you have dementia or if you get in an accident, you can't act as a trustee. The law says you must resign. Your lawyer can step in, however. They step into your shoes as trustee. They can sign checks. They can manage the assets. They can talk to the ATO.

Without an EPOA

If you don't have one, your family's trapped. They have to go to a tribunal or court. They need to request permission to handle your affairs. This takes months. It costs a lot of money. The SMSF remains headless in the meantime. An EPOA eliminates this issue immediately.

How to Make an Exit Plan in 5 Steps

Creating a plan is not hard. Follow these simple steps.

Talk about the triggers: Determine what metaphorical things will shut the fund down. Will you close it at age 80? Will you shut it down if one spouse dies?

Review Your Trust Deed: Do your fund's rules permit what you plan to do.

Create an EPOA: Name someone you Trust. Do this for every member.

Sign a BDBN: Help manage your death benefits properly. However, you should update it every three years if necessary.

Prepare for liquidity: Make sure you have enough cash on hand to continue paying final bills and taxes.

List your assets: Don't make the survivors have to track down passwords, titles and bank details.

Review the Plan Each Year

Your life changes. Your plan must change too. You should revisit your exit plan annually.

Make sure your lawyer is the right one. Make sure your beneficiary is still accurate. Relationships change. Laws change too. Keep the plan up to date. A 10-year-old plan may be worthless.

Conclusion

An effective exit plan is more than paperwork. It is peace of mind. It protects your hard-earned money. It gives your family peace of mind during a tough time. It is what stops the tax office seizing your savings from you. Do not wait for a crisis. Plan for the end today.

Need help with your SMSF? Contact Maximize Accountants today.

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The Pre-Nup for Your Super: Why You Need an SMSF "Exit Plan" Before You Start | Maximize Accountants