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Can I leave my super to my girlfriend?

It gets complicated when you’re not living together, and a partner may not be regarded as a dependant. Your super questions answered.

John Wasiliev
John WasilievColumnist

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Q: I am the sole trustee of an SMSF who wishes to leave my super to my partner where it could be transferred into her super account. We live separately as she lives with her son. We expect this to change in a few years and she will then become my spouse. But I would still be leaving the super to her, even though she is not my spouse initially.

As far as her entitlement to my super is concerned, would it be best to appoint her as a joint trustee to my SMSF, or could this be done after my passing? How would my SMSF be handled if I pass on and at the time I’m still the sole trustee? Can my superannuation balance be transferred into her super account after I pass away? Graeme.

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John Wasiliev is a veteran SMSF specialist and has provided answers to readers' questions on superannuation for decades. Have a super question you'd like answered? Email John at superquestions@afr.com

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    Original URL: https://www.afr.com/wealth/personal-finance/can-i-leave-my-super-to-my-girlfriend-20210728-p58dtz