Your superannuation. Structured for your life and your legacy.

A self-managed super fund is one of the most powerful wealth structures available to Australians — and one of the most heavily regulated. Getting the legal foundations right from the start protects your fund, your retirement, and ultimately, the people you leave behind.

At Ellison-Whyte Law, we provide the legal scaffolding that holds your SMSF together. We are not financial advisers — we are experienced lawyers who ensure your fund is correctly established, compliantly structured, and integrated with your broader estate plan. We work alongside your accountant or financial adviser so that the legal, financial, and tax dimensions of your SMSF work in concert. Whether you are setting up a new fund, restructuring an existing one, or thinking carefully about what happens to your superannuation when you are no longer here, we bring the expertise and the personal attention your situation deserves.

Who We Help

Individuals taking control of their retirement You have worked hard for your superannuation. An SMSF gives you direct control over how it is invested and managed. We make sure the legal structure behind that control is sound — so your fund works as hard as you do. Couples and families building and protecting wealth SMSFs are often established by couples seeking to consolidate and grow wealth together. We advise on trustee structures, contribution strategies from a legal perspective, and how to ensure your fund reflects both partners' intentions — including what happens if circumstances change. Business owners and professionals planning for succession For business owners, an SMSF can play a central role in succession and retirement planning. We work with you and your advisers to ensure the legal dimensions of your fund align with your broader business and personal goals. Existing trustees who need a review SMSF rules change. Trust deeds become outdated. Trustee structures that made sense years ago may no longer reflect your circumstances. If you have not reviewed your fund's legal documents recently, now is the time.

Our SMSF Legal Services

SMSF Establishment We establish your fund properly from day one. This includes drafting a compliant trust deed, advising on individual versus corporate trustee structures, preparing the necessary establishment documents, and registering your fund with the ATO. A corporate trustee structure — which we can also set up for you — is generally recommended for asset protection and administrative flexibility.

Corporate Trustee — Company Creation & Registration Where a corporate trustee is the right structure for your fund, we handle the company creation and ASIC registration as part of a seamless establishment process. This is an important step that many clients overlook, and one that can save significant administrative complexity later.

Trust Deed Review & Update An outdated trust deed is a compliance risk. If your fund was established some years ago, the deed may not reflect current superannuation legislation. We review your existing deed, identify any gaps or risks, and prepare an updated deed that gives your fund a sound legal foundation.

SMSF Succession Planning & Death Benefit Nominations What happens to your superannuation when you die is not automatically covered by your will. Superannuation sits outside of your estate unless specific steps are taken. We advise on binding and non-binding death benefit nominations, the role of your SMSF trust deed in determining how benefits are paid, and how to integrate your superannuation into your broader estate plan — including for blended families and complex asset structures.

Legal Advice on Contributions, Rollovers & Investments We provide legal — not financial — advice on the regulatory framework governing SMSF contributions, rollovers, and permitted investments, including the rules around in-house assets and related party transactions. We work alongside your financial adviser to ensure your fund's activities remain within the law.

SMSF & Private Lending SMSFs can act as private lenders in certain circumstances, but this is an area where precision matters. We work with your accountant and financial adviser to ensure any private lending arrangement involving your SMSF is legally structured and compliant with the relevant rules.

Why Legal Advice Matters for Your SMSF

Superannuation law is detailed, frequently amended, and unforgiving of mistakes. The consequences of a non-compliant fund — including significant tax penalties — can erode the very wealth you have been building. Legal advice is not an optional extra in SMSF management. It is foundational. We also know that the people who benefit most from sound SMSF legal advice are not necessarily those with the most complex arrangements — they are often the ones who took the time to get the structure right at the start, and who revisit it as their lives and the law evolve.

Working With Your Advisers

We do not operate in isolation. Your accountant manages compliance and tax. Your financial adviser manages investment strategy. Our role is to ensure the legal architecture of your fund is correct and that all three dimensions work together — because the gap between them is where problems tend to arise. If you do not yet have an accountant or financial adviser for your SMSF, we are happy to refer you to trusted professionals in our network.

Fees *

plus GST

SMSF Establishment (including trust deed)	$7,000
Corporate Trustee — Company Creation & Registration	$1,500
Trust Deed Review & Update	Quote on instruction
Death Benefit Nomination (Binding)	Included in estate planning package
General SMSF Legal Advice	$495 initial consultation

All fees are fixed and confirmed in a cost agreement before work begins. Disbursements such as ASIC registration fees and ATO registration costs apply in addition to legal fees.

FAQs

Do I need a corporate trustee for my SMSF?

You are not legally required to have a corporate trustee — individual trustees are permitted. However, a corporate trustee structure is generally considered best practice. It simplifies administration when members join or leave the fund, offers greater asset protection, and is often preferred by lenders if your SMSF holds property. We will advise you on the right structure for your circumstances.

Can my SMSF buy property?

Yes, subject to the rules. Your SMSF can purchase residential or commercial property directly, or through a limited recourse borrowing arrangement (LRBA). There are strict rules about who the property can be purchased from and how it can be used — advice from both a lawyer and a financial adviser is essential before proceeding.

What is a binding death benefit nomination and why does it matter?

A binding death benefit nomination is a formal instruction to your SMSF trustee directing how your superannuation balance should be paid on your death. Without one, the trustee has discretion about who receives your benefit — which may not align with your wishes. Binding nominations must be correctly executed and, depending on your trust deed, may need to be renewed periodically. We can advise on and prepare the right nomination for your situation.

My SMSF trust deed is from 2010 — do I need to update it?

Almost certainly yes. Superannuation legislation has changed significantly over the past decade, and an outdated trust deed may not be compliant with current law or may restrict the fund's ability to take advantage of current rules. We recommend a review of any deed that has not been updated in the last three to five years.

Do you work with my existing accountant?

Yes — and we actively encourage it. The most effective SMSF arrangements involve a lawyer, accountant, and financial adviser working from the same page. We are experienced in collaborative professional relationships and will engage with your existing advisers as a matter of course.

Start Your Matter

Ready to establish or review your SMSF?

Book a consultation with our team to discuss your situation. We will confirm your fixed fee before any work begins and work alongside your existing advisers to ensure every dimension of your fund is properly structured.