Question 1

Is this document a legal document?

Accepted Answer

All master documents have been signed off by Abbott & Mourly lawyers. Tony Anamourlis of Abbott & Mourly advises that “at no time, due to inbuilt legal protection and security measures can a user change or amend a document on the LightYear Docs platform that has been signed off by a practicing solicitor. To do so would result in the user drafting a document of a legal nature and engaging in the provision of legal services. In addition, it would be a breach of copyright. In our opinion when completing the form fields through the LightYear Docs platform, users and their employees are merely carrying out an administrative task which is not the provision of legal advice.”

However in some complex areas such as the insertion of a varied range of client instructions into a Will or other such documents the user must be mindful of the extent to which a document is being drafted by the user rather than merely the administrative task of completing a form where the relevant fields are inserted into the reviewed and signed legal document provided by Abbott & Mourly.

The above advice is born out of numerous cases dating back to Re Sanderson, Ex parte Law Institute of Victoria [1927] VLR 394, 397 where the Court held:

“if a person does a thing usually done by a solicitor, and does it in such a way as to lead to the reasonable inference that he is a solicitor – if he combines professing to be a solicitor with action usually taken by a solicitor – I think he then does act as a solicitor.”

Likewise in ACCC v Murray (2002) 121 FCR 428, 448 where Murray was building a franchise business that involved the legal writing and drafting of Wills from scratch based on the client’s personal circumstances. The Court held that this process was legal work.

Question 2

Is the document easy to read?

Accepted Answer

All LightYear Docs products are written in plain English and assessed for readability. If at any time you come across any errors, please contact support@lightyeardocs.com.au.

Question 3

Who prepares the LightYear Docs documents?

Accepted Answer

This has been prepared by Abbott & Mourly and abides with the Commissioner’s guidelines in relation to cash contributions into an SMSF.

Question 4

What is the process for completing a Leading Member SMSF upgrade?

Accepted Answer

Step one is to send the clients the upgrade letter confirming the necessity of upgrading and why LightYear Docs has been chosen (The Ten Benefits of the Lightyear Docs SMSF Trust Deed and Leading Member SMSF Deed). The next step is to either complete it on the LightYear Docs platform or provide our team with a spreadsheet detailing the relevant fields needed for the upgrade, as well as a digital copy of the fund’s latest trust deed. We will complete the upgrade and send back to you for signing by your clients.

Question 5

Is there any information for my clients on upgrading?

Accepted Answer

Yes - we have an upgrade letter that you can send to your clients with the ATO view on why deeds need to be upgraded regularly (The Ten Benefits of the Lightyear Docs SMSF Trust Deed and Leading Member SMSF Deed) and the process to upgrade.

Question 6

Is this document reviewed regularly?

Accepted Answer

All LightYear Docs documents form part of the LightYear Docs internal document review cycle. All documents are scheduled to be reviewed at least annually or when required to do so, due to changes in legislation. The LightYear Docs review cycle ensures all of our documents remain current and accurate.

Leading Member SMSF Deed of Variation

Leading Member SMSF Deed of Variation