Winding up SMSF resolution - deceased sole member

The purpose of this resolution is to record the trustee’s decision to wind up the SMSF upon the death of the sole member of the fund and to authorise various consequential actions.

This resolution should only be used if:

(a)    prior to his or her death, the sole member was in accumulation phase or was in receipt of a non reversionary pension; and

(b)    the Trustee has made a resolution that the death benefit be paid as a superannuation lump sum.  

4.    This resolution should not be used for winding up of the fund if:

(a)    the fund was paying a reversionary pension and the pension has transferred to the nominated reversionary beneficiary ; or 

(b)    the fund is otherwise paying a pension to a dependant of the deceased member whether pursuant to a binding death benefit nomination or otherwise.

Once the resolution is signed. the legal personal representative (ie the executor) of the estate of the member should be formally notified.  A template notice to members is annexed to the resolution.  

it is suitable for superannuation funds which have adopted the SUPERCentral Governing Rules or the Townsends Business & Corporate Lawyers Governing Rules as the Governing Rules for the superannuation fund. 

For superannuation funds governed by non-SUPERCentral or non-Townsends Business & Corporate Lawyers governing rules, please review the applicable trust deed and governing rules to determine if the template is suitable for the Superannuation Fund. 

This document set includes:

• Instructions
• Various written resolutions in respect of the Fund

 © This document set provides a single use licence for one member only.

For assistance please call the SUPERCentral Help Desk on 02 8296 6266 or make an enquiry.