Change SMSF Trustee (death of a trustee)

Replace a deceased trustee or replace all trustees with a corporate trustee after one has passed away.
$ 236.50

(inc. GST)

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Use Cleardocs to change the trustee of an SMSF following the death of a trustee.

This document package is only required if there is 1 surviving individual trustee and the fund wishes to replace:

  • the deceased trustee with 1 or more individual trustees; or
  • individual trustees with a corporate trustee.

Time taken to complete 10 minutes.

Cost $ 236.5 (inc GST)

Printing Optional printing, binding and delivery for $ 49.50

Legal Sign-offThe master documents are written in plain language and are signed-off by our lawyers at Maddocks.

What documents are included in the SMSF Change of Trustee (death of a trustee) package?

You will receive all of the documents required to record the changes being made:

  • Change of Trustee Deed;
  • Trustee consent forms;
  • ATO Trustee Declaration Form;
  • Application to become a Member; and
  • Trustee minutes.

If the change is from individual trustees to a corporate trustee then:

  • the Change of Trustee Deed tailors the fund's existing deed to the new structure as well as updating the fund's deed to the latest version of the Cleardocs deed; and
  • the document package includes the new version of the fund's deed.

What information do you need to order Change SMSF Trustee (death of a trustee) through Cleardocs?

You can download our checklist of the information required to order a Change SMSF Trustee.

What scenarios for change of trustee are covered?

This document package is only required if there is 1 surviving individual trustee and the fund wishes to replace:

  • the deceased trustee with 1 or more individual trustees; or
  • individual trustees with a corporate trustee.

If your SMSF has a Cleardocs trust deed: If a member dies, that person automatically ceases to be a member and a trustee or director of the trustee of the fund. If the passing away of a member means the structure of the fund fails to comply with the SIS Act, that is, there is just 1 surviving trustee, then you should use this package to replace the deceased trustee.

If there are 2 or more surviving trustees, the structure complies with the SIS Act and the fund is not required to replace the deceased trustee. If the fund does wish to, one of the other Change SMSF Trustee document packages can be used to appoint additional trustees.

If your SMSF does not have a Cleardocs trust deed: You will need to review the terms of your trust deed to determine what happens when a member dies and the procedure that needs to be followed. If you are unsure, you should obtain professional advice.

The fund does not require an underlying Cleardocs deed

To use this document package, the SMSF does not require an underlying Cleardocs deed. We strongly recommend that you update to the latest version of the Cleardocs deed — this is to make sure that the fund's deed has the relevant powers and provides for what happens upon the death of a member or trustee.

You can update the SMSF's deed to a Cleardocs deed — or to the latest version of the Cleardocs deed — for $110.00.

If you do not want to update to the latest Cleardocs deed, you must seek legal advice about the suitability of the document package for the fund's circumstances to ensure that the deed contains a standard appointment power.

What is the difference between the Cleardocs Change SMSF Trustee packages?

Document package Does the Fund require an underlying Cleardocs trust deed? Is the package suitable to replace a deceased trustee?
Change SMSF Trustee (Cleardocs deed)
Change SMSF Trustee (non-Cleardocs deed)
Change SMSF Trustee — death of trustee

Changing to a corporate trustee?

If you are changing the trustees of your fund from individuals to a corporate trustee and you don't yet have a company, then you can register a company with Cleardocs for $606.50. The registration is completely online.

Seek legal advice

The Change SMSF Trustee information here should be considered general in nature, and in no way interpreted as legal advice. You must always seek your own independent legal, accounting and financial advice about your particular situation. The summary on this page is for information purposes only.

Questions or further information

If you have questions:

  • about how to use Cleardocs, contact the Cleardocs helpline on 1300 307 343.
  • about legal issues, contact the Cleardocs helpline on 1300 307 343. If you need advice, we will arrange for you to speak with a lawyer at Maddocks. The firm provides a free legal helpline in relation to the documents Cleardocs provides. If you require other legal advice in relation to your particular circumstances, then this will be charged for.
  • Full range of tailored change of trustee documents generated online within minutes
  • Deals with the reality of an ageing population and the ageing of SMSF trustees
  • An SMSF does not require an underlying Cleardocs trust deed to use this document package
  • For a change from individual trustees to a corporate trustee, we will also update your trust deed to the latest version of the Cleardocs deed
  • Copy function for address details — saving you typing
  • Extensive online help and local phone support
  • Easy to use question interface