SMSF Legal Services
Specialist SMSF legal advice and documentation for self-managed super fund trustees. From trust deed drafting and Binding Death Benefit Nominations through to LRBA documentation and estate planning, we ensure your fund is legally sound at every stage.
SMSF Legal Support That Goes Beyond the Documents
Every self-managed super fund is governed by a trust deed and a set of legal obligations that trustees are personally responsible for meeting. When those documents are out of date, incorrectly drafted, or not aligned with your current circumstances, the consequences can be serious. Disputes, invalid nominations, failed asset transfers, and ATO compliance issues are all risks that proper legal support helps you avoid.
At New Wave SMSF, our legal team provides specialist SMSF legal services that are fully integrated with your accounting and financial planning advice. We make sure every legal structure within your fund is correctly set up, properly maintained, and connected to your broader wealth plan.
Our legal services are delivered by New Wave Law, working alongside your SMSF accountant and financial planner within the same firm. That means your trust deed, your estate planning, and your borrowing arrangements are all handled by specialists who understand the full picture.
What's Included in Our SMSF Legal Service
We provide comprehensive legal support for self-managed super funds at every stage of their life.
Our services cover:
SMSF Trust Deed Drafting and Review
We draft new SMSF trust deeds and review existing deeds to ensure they are current, compliant with Australian superannuation law, and structured to support your fund’s goals.
Trust Deed Updates and Amendments
Superannuation legislation changes regularly. We update and amend your trust deed when required to keep your fund legally compliant and ensure the deed supports any new strategies you want to implement.
Corporate Trustee Company Establishment
We establish corporate trustee companies for SMSFs, providing a more robust and flexible trustee structure that simplifies administration, succession, and asset ownership within your fund.
Binding Death Benefit Nominations
We draft and review Binding Death Benefit Nominations to ensure your super is distributed to the right beneficiaries in the right way, and that your nomination is valid, current, and legally enforceable.
LRBA Bare Trust and Custodian Trust Documentation
We prepare all legal documentation required for Limited Recourse Borrowing Arrangements, including bare trust deeds and custodian trust structures, ensuring your borrowing arrangement is correctly established from day one.
SMSF Property Contract Review and Conveyancing
If your fund is purchasing property, we review contracts and manage the conveyancing process to ensure the transaction is completed correctly and the asset is held in the right structure within your fund.
Estate Planning and Wills Integrated with Super
We integrate your SMSF estate planning with your personal Wills and broader estate plan, ensuring your super and your personal assets are distributed in a coordinated and tax-effective way.
Enduring Powers of Attorney
We prepare Enduring Powers of Attorney that cover your SMSF trustee responsibilities, ensuring your fund can continue to be managed appropriately if you lose capacity.
Family Law and Divorce Super Splitting Orders
We manage the legal process of superannuation splitting in family law matters, ensuring your SMSF interests are properly protected and any splitting orders are correctly documented and implemented.
Business Succession and Buy-Sell Agreements
Where your SMSF holds business real property, we prepare and review buy-sell agreements and business succession documents to ensure your fund’s interests are protected when ownership of the business changes.
SMSF Dispute Resolution
If a dispute arises involving your SMSF, whether between members, trustees, or with a third party, we provide specialist legal support to resolve the matter efficiently and protect your fund’s integrity.
Why Specialist SMSF Legal Advice Matters
The legal framework governing self-managed super funds is detailed, technical, and changes regularly. Trustees who rely on outdated trust deeds, generic documents, or legal advice from someone without specific SMSF expertise carry real risk.
A trust deed that has not been updated in several years may not support the strategies your financial planner wants to implement. A Binding Death Benefit Nomination that was not correctly witnessed or has lapsed is not legally binding. An LRBA that was not properly documented can put the entire borrowing arrangement at risk and trigger ATO scrutiny.
Getting the legal foundations of your SMSF right is fundamental. It is the basis on which your investment strategy, your tax planning, and your estate plan all depend.
Working with a specialist SMSF lawyer helps ensure:
- Your trust deed is current, compliant, and fit for purpose
- Your death benefit nominations are valid and legally enforceable
- Your borrowing arrangements are correctly structured and documented
- Your fund’s assets are held in the right legal structure
- Your estate plan and super are coordinated, not working against each other
- Your fund and your beneficiaries are protected when it matters most
Who This Service Is For
Our SMSF legal services are designed for trustees who want their fund’s legal foundations to be as strong as its financial strategy.
This service is the right fit if you are:
A Trustee with an Outdated Trust Deed
If your SMSF trust deed has not been reviewed or updated in recent years, it may no longer support current superannuation legislation or the strategies your advisers want to implement. We review and update deeds efficiently and thoroughly.
A Business Owner Using Your SMSF to Hold Property
If your fund holds or is planning to acquire business real property, or if you are considering an LRBA to fund a purchase, specialist legal documentation is essential. We handle every part of the legal process.
Someone Planning Their Estate
If you want to ensure your super reaches the right beneficiaries and is coordinated with your personal estate plan, we prepare and review Binding Death Benefit Nominations and integrate your super with your Wills and broader estate documents.
A Trustee Facing a Structural Change or Dispute
If you are changing from individual to corporate trustee, dealing with a member exit, going through a separation, or facing a dispute involving your fund, we provide clear, practical legal support to protect your interests.
The New Wave SMSF Difference
SMSF legal advice at New Wave is not a standalone document service. It is fully integrated with your accounting and financial planning, so every legal structure within your fund supports your broader strategy.
Legal, Accounting and Financial Planning Under One Roof
When your lawyer, accountant and financial planner work together within the same firm, your fund’s legal documents are always aligned with your tax strategy and investment plan. There are no gaps, no miscommunication, and no conflicting advice.
Specialists in SMSF Law
SMSF law is a specialist area. The rules around trust deeds, death benefit nominations, LRBAs, and property ownership within super are technical and carry serious consequences when they go wrong. Our legal team works exclusively in this space, so you are always getting advice from someone who knows it thoroughly.
Proactive, Not Reactive
We do not wait for something to go wrong before reviewing your legal documents. We proactively flag when your trust deed needs updating, when your Binding Death Benefit Nomination is approaching its expiry, or when a change in your circumstances requires a legal review. Your fund stays legally sound at every stage.
Speak With an SMSF Accounting Specialist
Ensure your Self Managed Super Fund remains compliant and professionally managed with expert SMSF accounting support.
What Our Clients Say
We are proud to support SMSF trustees and individuals with professional accounting and financial services.
Have a Question About SMSF Accounting?
If you need assistance with SMSF tax returns, financial reporting, or compliance obligations, our team is here to help.
Disclaimer
This information is general in nature and does not constitute legal or financial advice. SMSF legal services are delivered by New Wave Law. New Wave Financial Planning Pty Ltd is an Authorised Representative of NWG Financial Services, AFS Licence No. 538619. For advice specific to your circumstances, please speak with a qualified legal or financial adviser before acting on any information contained on this page.