The fund's rulebook
The deed creates the trust and sets its rules: trustees, membership, contributions, investments, benefit payments and winding up.
Legally required
An SMSF is a trust — it cannot exist without a deed. The deed must comply with the SIS Act, and every trustee signs an ATO trustee declaration.
Included in setup
A current, SMSF Association-reviewed deed is prepared as part of every easySMSF setup — no separate deed fee, ever.
What the deed covers
Every decision the trustees make must follow both the deed and superannuation law. A well-drafted deed sets out, at minimum:
- Who the trustees are and how they are appointed or removed
- Who can be a member of the fund and how members join or leave
- How contributions and rollovers are accepted
- The fund's investment powers and any limits on them
- How and when benefits can be paid, including pensions
- How death benefits are directed and paid
- How the deed itself can be amended
- How the fund is wound up
The legal requirements
SIS Act compliance
The deed must be consistent with the Superannuation Industry (Supervision) Act 1993. Where the deed and the law conflict, the law prevails — which is why a deed drafted for current law matters.
Trustee declarations
Every trustee (or corporate trustee director) must sign an ATO trustee declaration within 21 days of appointment, confirming they understand their duties. easySMSF prepares these with your deed.
Signed by all trustees
The deed takes effect when all trustees sign it. With easySMSF this happens electronically in your client portal, with a full signing record kept for each signatory.
Kept current
Super law changes over time. An older deed may not cater for newer rules on contributions, pensions or death benefits, and can be updated with a deed of variation. Funds set up with easySMSF start on a current deed.
Included in your easySMSF setup
easySMSF prepares a current SMSF Association-reviewed trust deed that complies with the SIS Act, along with trustee declarations, member applications and consents to act — prepared the same business day your setup is processed. It is part of the fixed setup price, not an add-on.
Corporate trustee setup
$1,699
Includes the trust deed, company documents and the $636 ASIC company registration fee — nothing separate to pay ASIC.
Individual trustee setup
$899
Includes the trust deed and all fund documents. No company is registered, so no ASIC fee applies.
Trust deed questions
What is an SMSF trust deed?+
The trust deed is the legal document that creates your self-managed super fund and sets out its rules: who the trustees are, who can be a member, how contributions and investments are handled, how benefits are paid and how the fund is wound up. Every decision the trustees make must follow both the deed and superannuation law.
Is a trust deed legally required for an SMSF?+
Yes. An SMSF is a trust, and a trust cannot exist without a trust deed. The deed must comply with the Superannuation Industry (Supervision) Act 1993 (SIS Act), and each trustee must sign an ATO trustee declaration confirming they understand their obligations.
Is the trust deed included in easySMSF's setup price?+
Yes. easySMSF prepares a current SMSF Association-reviewed trust deed that complies with the SIS Act, together with trustee declarations, member applications and consents to act. It is included in the fixed setup price — $1,699 for a corporate trustee (which also includes the $636 ASIC company registration fee) or $899 for individual trustees. There is no separate deed fee.
Does a trust deed ever need updating?+
It can. Superannuation law changes over time, and an older deed may not cater for newer rules — for example around contribution types, pensions or death benefit nominations. Where a deed is outdated, trustees can have it updated (a deed of variation). If your fund was set up with easySMSF, your deed is current at establishment.
Who signs the trust deed?+
All trustees (or all directors of the corporate trustee) sign the deed when the fund is established. With easySMSF this is done electronically through your client portal, with a full signing record kept for each signatory.
What's the difference between the trust deed and the investment strategy?+
The deed is the fund's rulebook — the legal document that creates the trust. The investment strategy is a separate document the trustees must prepare and review, setting out how the fund's assets will be invested. Both are required, and both are covered in the easySMSF setup process.
This page is factual information only and is not financial product, legal or tax advice. Consider your own circumstances and, where needed, consult a licensed adviser.