#319 – Property held in a Fund goes to a Testamentary Trust

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Can a person appointed under an NCAT guardianship or financial management order act as trustee (or director of a corporate trustee) for an SMSF in place of a member?

The issue is whether this satisfies the definition of a legal personal representative under SIS law, particularly in the absence of an enduring power of attorney. It raises practical compliance risks where capacity issues intersect with strict SMSF trustee rules.

Let’s talk about it…