Upcoming webinar
Superannuation considerations for couples: How to get the best outcome for your family
Wednesday 25 February 2026 at 11:00 am AEST
This webinar will highlight some of the simple, yet effective ways that spouses can optimise their combined superannuation balances.
We will show you how you can legally access your combined retirement savings earlier, ways to obtain ongoing tax benefits in your retirement and what you can do to manage upcoming legislative changes to the superannuation rules.
During this 1 hour webinar, the SuperGuide team will not only identify these issues, but we will show you how to implement them effectively.
IN CASE YOU MISSED IT
Watch our previous webinar, Super strategies for 2026.
Q&A of the month
Q: I have been asked to become an attorney for someone with a will who lives in Tasmania. The Power of attorney is currently being reviewed. I am concerned about the solicitor’s advice that there is no need for a “conflict” clause, as I am also one beneficiary. My specific concern is that I want the power to withdraw the person covered by the POA’s pension balance and put it in their bank account ahead of their expected imminent death. This would be done to avoid the taxation on the taxable component of the pension fund balance – i.e. benefit the beneficiaries, not the person with the pension. Is the superannuation fund likely to consider this a conflict of interest and/or block the transaction? Can you provide some examples where this has been an issue? I want to revert with some information to discuss with the solicitor.
A: We are not aware of any super funds preventing a power of attorney from withdrawing superannuation benefits prior to the member’s death. It is relatively common for attorneys to do so for the reason you have explained. It is also common for that attorney to be the member’s child or another person who would be liable for tax on the amount if it was instead paid to them from the fund after the member’s death.
Whether a ‘conflict’ clause is necessary is a matter for your solicitor.
However, no transaction can be guaranteed. Super funds do have a responsibility to protect their members from fraud and elder abuse. Controls designed to prevent fraud and abuse could potentially delay a transaction beyond the member’s death. If the member dies before payment, the amount generally becomes a death benefit that can no longer be paid to the member. It must instead be paid directly to dependants or to the member’s legal personal representative (the executor of their estate) and tax will be payable where applicable.
To reduce the risk of delays, you can consider.
- lodging the power of attorney with the fund to hold on file in advance, to prevent delays accepting the document at the time a payment is required.
- having the member notify the fund in writing of their wish for benefits to be cashed in the event of their imminent death and that the attorney is authorised to make such a request on their behalf in future.
- ensuring the document is an enduring power of attorney, to secure its effectiveness should the member lose decision making capacity in future.
Tip of the month
Is your spouse younger than you? Adding to their super account before they turn 67 could boost your Age Pension.
