Peter Burgess
CEO, SMSF Association

With the SMSF sector now holding over $1 trillion in retirement savings, safeguarding fund control and succession to an SMSF has never been more critical. Yet trustee/member incapacity remains one of the greatest risks to the integrity of an SMSF - and often catches even experienced professionals by surprise. When control breaks down, money may end up in the wrong hands, compliance breaches, disputes, and fund wind-ups can quickly follow.

In this session, Dan Butler, one of Australia’s leading SMSF lawyers with over 40 years of experience, will explore the legal, compliance and governance challenges that arise when a trustee or director loses capacity. Covering both individual and corporate trustee structures, Dan will examine how enduring powers of attorney (EPOAs) interact with SMSF deeds, company constitutions, and SIS Act requirements - and what happens when critical documents fail.

Through real case studies and practical insights, this session will highlight key traps, emerging risks, and practical solutions and planning strategies to help protect fund integrity and deliver better outcomes to minimise risks.

When a trustee, appointor or guardian loses capacity, the stability of a trust can quickly unravel. Without the right planning, disputes, governance failures and costly litigation often follow. Professionals advising on trusts must be across the complex legal and practical risks that arise when capacity is lost.

In this essential session, Leah, a highly experienced barrister specialising in trusts and succession law, will unpack the critical legal tests for incapacity, the role of courts and tribunals, and the challenges of managing incapacity across different Australian jurisdictions.

Through real-world examples, Leah will highlight the limits of enduring powers of attorney in trust contexts, and why succession planning for controllers of trusts demands careful, deed-specific advice.

Through practical tips and lessons learned, this session will equip professionals with the insights needed to plan effectively, mitigate risks, and preserve the integrity of trust structures when control is at stake.

When capacity falters, who really holds control – and how do we prevent conflict from turning into chaos?

This dynamic, cross-disciplinary debate will unpack the real-world legal, ethical and practical challenges that arise when trustees, power of attorneys, and professionals face capacity issues in trusts, including SMSFs.

Through real case studies and expert discussion, our panel will explore how capacity is assessed, what happens when decision-makers lose it, and the risks that arise when legal authority becomes a tool for abuse – or confusion.

Expect a candid discussion on handling incapable clients, balancing legal authority with practical reality, and protecting client interests without overstepping. This is a must-attend session for anyone serious about delivering best practice in an increasingly complex environment.

If you work with SMSFs, trusts or vulnerable clients, this is a session you can’t afford to miss.

Julie Van der Velde
Chair, STEP Australia