The ATO requires trustees to ensure their SMSF trust deed is kept up to date so it complies with current superannuation law and reflects the needs of the fund. With the significant changes in legislation, ATO interpretations, pension rules and estate-planning requirements in recent years, operating an SMSF under an outdated deed now carries real compliance and strategic risk.
To protect your fund and ensure you can make full use of current strategies, we strongly recommend updating your SMSF trust deed to the new Coleman Greig Lawyers SMSF Deed. This is a substantial upgrade from older deeds and includes important modernisations such as:
Stronger death-benefit and estate-planning provisions Clearer rules for identifying dependants, assessing committed relationships, and resolving disputes. Expanded trustee protections, including discharge from liability when acting on valid nominations, and additional powers where no legal personal representative exists. These updates reflect the latest ATO guidance and modern estate-planning expectations.
Modern rollover, transfer and exit-member rules
Updated provisions for transfers, partial commutations, non-commutable pensions, and handling insurance transfers. The deed also introduces a formal “expelled member” mechanism, allowing smooth removal and rollover of a member's benefits—particularly important in blended families, disputes or multi-member SMSFs.
Detailed benefit-payment and pension rules
New Benefit Event Guidelines providing clear direction on how and when benefits can be paid. Updated pension provisions covering non-commutable income streams, pension transfers, and situations where assets don't practically support member-directed benefits. Fully aligned with current ATO views.
Enhanced trustee powers and governance clarity
Modernised schedules outlining trustee powers, duties and decision-making authority. These updates reflect recent case law and provide greater clarity in ensuring trustees act in the best interests of all members.
Updated member-information and reporting requirements
Integrated, up-to-date disclosure rules, information-access rights, and obligations to former members—ensuring compliance with current reporting and regulatory standards.
Modern investment and asset-handling rules
Support for contemporary investment practices, including member-directed investment options, digital assets (crypto), and more flexible handling of transferred assets. This ensures your SMSF can take advantage of a wider range of compliant strategies.
Improved variation and amendment framework
Updated rules that streamline future deed variations, ensure consistency with superannuation law, and protect member rights unless a legal requirement necessitates otherwise.
In short, the new deed provides greater protection, more flexibility, and clearer guidance than older deeds.
We strongly recommend this deed update to all SMSF clients to ensure their fund remains compliant with current superannuation law.
Proceed
Just Superfund can update your trust deed to ensure all members can take advantage of the recent changes to
legislation. The fee for this service is just $330
To process the request, we will require some basic information along with payment.
You will then get a copy of the new, up-to-date, trust deed emailed to you.
