SMSF Trust Deed Enhancements

Why has the SMSF Trust Deed been changed?

The comprehensive review of the SMSF Trust Deed has been driven by our desire to deeply integrate valuable customer insights, and our unwavering commitment to quality outcomes. With these enhancements we are pushing our commitment further and signalling our goal to be the benchmark in SMSF documentation.

The enhancements listed below will amplify our current offering, as well as pave the way for the enhanced Super Comply product in upcoming releases.


What has changed? What are some of the key provisions within the SMSF Trust Deed?

Note: For a more in-depth look at the features of the Deed, refer to the document "NowInfinity SMSF Trust Deed Features.pdf" attached at the bottom of this article.

Clearer hierarchy of death benefits payments:

  • The hierarchy of death benefit payments is now clearer: Automatic reversionary pensions > BDBNs > Trustee discretion
    Note: Member directed superannuation benefit plans are still available.


  • Under certain circumstances, attorneys can make or amend a BDBN.
  • Are non-lapsing by default.
  • Do not have to be provided by the member to the trustee.
  • Do not require a set format, allowing to be drafted with greater flexibility.
  • Existing binding death benefit instruments are retained in the Deed of Variation.

BDBNs and family law:

  • Where a spouse is a beneficiary, BDBNs will revoke automatically if family law proceedings have commenced (unless the BDBN stipulates otherwise).

Reversionary pensions:

  • Under certain circumstances, attorneys can make or amend reversionary pension nominations.
  • Can be amended without commuting the pension.

Deeds of confirmation:

  • This will allow trustees to deal with lost Deeds, rules and other documents of a fund.
  • Where the law permits, trustees will be permitted to sign a Deed of Confirmation to rely on copies of lost documents.

Expanded pension provisions:

  • The income steam stream provisions have been expanded to specify pension types and expand the conditions of payment for certain income stream to provide greater guidance to trustees and their advisors.
  • Permitted types of pensions, including temporary incapacity benefits and other non-standard benefits, are listed within the SMSF Deed.
  • The SMSF Deed ensures pensions currently being paid, but of types that can no longer be commenced, can continue to be paid on the same terms as they currently are.

Expanded trustee powers:

  • The trustee powers have been expanded to provide greater guidance to trustees and their advisors

Expanded TBA and TBC provisions:

  • Provisions relating to the transfer balance cap (TBC) and transfer balance account (TBA) have been expanded for greater guidance for trustees and their advisors.

Investment types:

  • Provides for all investments permitted by the SIS Act.
  • Includes a comprehensive (but not exhaustive) listing.

Contribution types:

  • Permits all eligible contribution types.
  • Includes a comprehensive (but not exhaustive) listing.

Stamp duty exemptions:

  • Assists in stamp duty exemption for member contributed NSW and WA property.

Employers, principal employers, or founders:

  • These have specifically not been included in the SMSF Deed.


Is the previous SMSF Trust Deed still valid? Do I need to update?

Our previous SMSF Trust Deed was affirmed as up-to-date and fit for purpose. While the introduction of these enhancements doesn't require you to immediately update your Deed, it is generally recommended that Deeds are reviewed on a regular basis and updated as required (see SMSF Deed of Variation).


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