SMSF solicitor

Discussion in 'Superannuation, SMSF & Personal Insurance' started by Ems, 6th Sep, 2019.

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  1. Ems

    Ems Well-Known Member

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    I'm looking for a solicitor that is knowledgeable in SMSF law. I need to change the trustee within our fund. Looking for recommendations, Thanks
     
    Ems, 6th Sep, 2019
    #1
  2. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Try DBA Lawyers, although changing a trustee is relatively simply (legally, not practically)
     
    Terry_w, 6th Sep, 2019
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  3. Ems

    Ems Well-Known Member

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    Perth Hills, WA
    Thanks Terry. I was told a solicitor is needed. I received a quote yesterday ($700) So thought I'd get another.
     
    Ems, 6th Sep, 2019
    #3
  4. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    This type of change can be as a result of a borrowing and some banks do some real bizarre stuff when trustees change. This is specifically the case when human trustees are involved. Changing the trustee by resolution may be permitted by deed BUT the lender / bank will insist on a deed that addresses the current trustee and many baulk at Deeds of Amendment too. They seek a replacement deed that includes the present trustee and sometimes a simple extra member makes it complex too. ie The existing deed doesnt mention the new member just added.

    DBA are good - Dan Butler is a specialist in this area
    ilovesmsf is another - Grant is a solicitor and arguably one of the best .
     
    Paul@PAS, 6th Sep, 2019
    #4