SMSF services
Update to an SMSF deed.
Superannuation law changes constantly. A deed written before the 2017 reforms will not contemplate transfer balance caps, and older deeds routinely lack the powers needed for modern pensions, nominations and borrowing.
Lawyer prepared
SMSF documents prepared by a lawyer with your auditor in mind.
Fast turnaround
Establishment packs and deed updates in one to two business days.
Fixed fee, quoted first
Fixed fee quoted first, including any trustee company costs.
Compliant documents
Drafted to the SIS Act and current ATO positions.
Why SMSF deeds need updating.
We review the current deed and every prior variation, confirm the chain of amendments is unbroken, and prepare a consolidated updated deed with the powers the fund needs, account-based and reversionary pensions, binding and non-lapsing death benefit nominations, contribution splitting, limited recourse borrowing and in-specie transfers.
We also confirm the variation was made by the right person under the existing deed, which is the point most template updates get wrong and auditors most often query.
An update is only valid if the existing deed's amendment power was properly exercised. A broken chain of variations can invalidate every update since.
Why it pays to have this done properly.
Current law, one document
A consolidated deed replaces a stack of variations, so trustees and auditors work from a single current rulebook.
The amendment chain verified
We check each prior variation was validly made before relying on it, the step most providers skip.
Pensions and nominations enabled
Reversionary pensions and non-lapsing binding nominations only work if the deed expressly allows them.
Is this you?.
- Your deed predates 2017 and has never been updated
- A member wants to start a pension or make a binding nomination
- The auditor has queried whether the deed permits a transaction
- The fund is about to borrow and the deed is silent
If any of these sound familiar, a short conversation will tell you whether this is the right document, and what it costs, before you commit.
How it works.
- 01
Tell us what you need
Start online or call us. We take short instructions, names, roles, structure and timing, and confirm this is the right document for what you are actually trying to achieve.
- 02
We check the detail
We confirm eligibility, consents, existing documents and any tax or duty consequence before drafting, so nothing is discovered after lodgement.
- 03
We prepare and lodge
We draft the deed of variation and a consolidated updated SMSF deed, send it for signing with clear instructions on who signs what and when, and attend to any ASIC, State Revenue Office or ATO lodgement.
- 04
You get a complete file
You receive executed documents, registers and confirmations in a single organised pack, plus a short note on what to keep and what happens next.
Fees.
Fixed fee for the review, variation and consolidated deed. Where the amendment chain is broken and reconstruction is needed, we quote after the initial review.
FAQs
Frequently asked questions.
Still unsure? Call us on (03) 9008 7224 and speak to a lawyer, not a call centre.
How often should an SMSF deed be updated?
Do all trustees need to sign?
Does updating restart the fund?
Related services.
SMSF establishment
A complete SMSF establishment pack, deed, trustee, consents and minutes.
Learn moreChanges to SMSF trustee
Add, remove or replace trustees and members, including corporate conversion.
Learn moreAmendments to SMSF for borrowing
Deed amendments enabling a compliant limited recourse borrowing arrangement.
Learn moreReady to get started with update to smsf?.
Start online or book a consultation with a CMK Legal commercial lawyer in Richmond, Melbourne.