Lost SMSF Deed

Explained: 

The SMSF Deed Update is designed for these scenarios:

• Lost SMSF trust deed
  (or lost recent SMSF deed update, where
  older SMSF trust deed version is still available)

• Invalid SMSF trust deed
  (e.g. missing consents / signatures, deceased party)

• Deceased member
  (i.e. requiring new SMSF trust deed
  showing current parties)

T Legal provides expert review of the lost current SMSF trust deed situation as part of preparation of your replacement SMSF trust deed

Explained: 

You can easily replace your SMSF trust deed:

• It's a rollover, and there is no trust resettlement for updating or replacing a lost SMSF trust deed with a new version where the assets and members of the SMSF do not change. 

• SMSF trust deeds are therefore updated (called a "deed update") every 5-7 years to ensure the SMSF is administered according to the latest changes in superannuation law and legal features.

• This not available for a discretionary trust or a unit trust. 

Contact T Legal on the number / email below or submit a response to the SMSF deed update / lost deed online order form 

Explained: 

Ensure all SMSF Deed Update document package contents are signed:

• The SMSF Deed Update document package contains all you need to replace the lost SMSF trust deed

• But it is not in effect until it is fully signed and dated 

Is other SMSF documentation also lost? Do you need to:

• Order a SMSF corporate trustee Constitution?
  (see T Legal Constitution Adoption / Upgrade Order Form) 

• Re-sign ATO SMSF Trustee Declarations for each Member?
  (see ATO SMSF Trustee Declaration Form)

T Legal provides expert review of the lost current SMSF trust deed situation to confirm if other lost items also need to be replaced and to check your documentation is correctly signed

Explained: 

A BDBN or reversionary pension is reliant on the SMSF trust deed:

• Which contains signing requirements applicable at the time the earlier BDBN or Reversionary Pension Nomination was signed

• If the SMSF trust deed applicable at that earlier time is lost, you cannot confirm if the BDBN or Reversionary Pension Nomination remains effective. 

T Legal SMSF deed update package includes a "low doc" BDBN that can be easily signed as a first step. You should consider ordering a traditional BDBN to replace the low doc BDBN.