Given the current economic climate, it is even more important that clients understand when superannuation will be at risk from creditors and predators. Following Cook v Benson and the removal of RBLs, superannuation has the aura of a safe haven from creditors - but this won't always be the case. Predators can come in many forms including de factos and a recently enlarged category of 'dependants'.
This event examined a range of practical issues including:
- when is and isn't your superannuation safe from creditors?
- what happens to superannuation on bankruptcy?
- lump sums and pensions - differences in protection
- how can a carefully considered estate plan ensure superannuation benefits end up in the right hands on death?
- should parents share an SMSF with their children?
- what is the effect of the new de facto laws on potential family law claims against your superannuation benefits?
- binding death benefit nominations and the 3 year sunset clause.