More Answers

Is your executor automatically appointed as your replacement trustee/director for your SMSF?

The short answer is, no. There is no law or regulation that has that effect.

It may be that the terms of your super fund deed provide for this to occur. However, most super fund deeds that we have come across do not.

See Ioppolo v Conti [2013] WASC 389 and Wooster v Morris [2013] VSC 594.

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Andrew

Lawyer to entrepreneurs and investors