Hien was the sole member of the SMSF.

Her daughter Nhi was acting as director of the corporate trustee on Hien’s behalf, under an enduring power of attorney.

One week before Hien’s death, the corporate trustee provided written instructions to the financial advisor for Hien’s superannuation entitlements in the fund to be transferred to her personal bank account with immediate effect.

The instructions specified that all shares, unit, and managed fund holdings in the investment portfolio were to be sold, and the cash balance transferred to Hien’s personal bank account. Included in the instructions was a signed account closure form.

The forms were lodged within the bank’s system a week before Hien passed away, with confirmation of the instructions received from the bank, there were no further actions required on the fund’s part.

The financial advisor began immediately trading and selling down the fund’s investments.

In accordance with the instructions, proceeds from the liquidation of the fund’s investments started to flow into Hien’s bank account prior to her death.

The final payments were made within a couple days of the financial advisor being notified of Hien’s death, due to the timing delay on the redemption of the fund’s investments.