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Is your executor automatically appointed as your replacement trustee/director for your SMSF?

Is your executor automatically appointed as your replacement trustee/director for your SMSF?

The short answer is, no. There is no law or regulation that has that effect.

It may be that the terms of your super fund deed provide for this to occur. However, most super fund deeds that we have come across do not.

See Ioppolo v Conti WASC 389 and Wooster v Morris VSC 594.

 

The information contained in this post is current at the date of editing – 27 March 2023.

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