Independent Legal Advice for an SMSF Refinance
Moving an existing SMSF property loan to a new lender usually means signing new guarantees, and the new lender will generally want a solicitor's certificate that you received independent advice first.
- Advice on the new loan and guarantee documents
- Both members covered in 1 Teams meeting
- $800 + GST fixed fee
- Certificate returned to you, your broker or the lender
Refinancing after August 2026
Refinancing Is Still Permitted, and the Paperwork Starts Again
The changes that took effect on 10 August 2026 stopped SMSFs entering new borrowing arrangements to buy residential property. Arrangements already in place continue, and refinancing an existing arrangement remains permitted.
A refinance is not a continuation of the old loan in the lender's eyes. The new lender issues its own loan agreement, and the members and the directors of the trustee company are usually asked to give fresh personal guarantees on the new lender's terms. Those terms can differ from the ones signed originally.
The certificate the new lender asks for confirms that a solicitor explained those documents to you before you signed. We go through them with you and point out where the new terms differ from a standard SMSF loan.
What we look at
What Changes When the Lender Changes
The property and the custodian usually stay the same. The obligations you sign often do not.
The loan amount
Whether the new facility replaces the existing debt or adds to it. Borrowing more than the existing debt raises questions your adviser needs to confirm first.
The guarantees
Who is guaranteeing, whether each guarantee is limited or unlimited, and whether it extends beyond the property loan.
Default and recovery
What the new lender can do if repayments stop, including whether it can pursue the guarantors personally.
Terms and reviews
Fixed periods, interest-only terms, annual reviews and the events that allow the lender to call the loan in early.
The custodian arrangement
Whether the new lender needs the bare trust deed varied, a new mortgage from the custodian or other changes to the holding structure.
The certificate form
Each lender uses its own form. We check that it names the right people and entities before the meeting.
Refinancing an SMSF property loan?
Talk to UsThe process
How the Advice Is Arranged
Send the new loan pack
The loan agreement, guarantees, mortgage documents and the lender's certificate form, from you, your broker or your conveyancer.
We review the documents
We check the pack is complete and note where the new terms differ from what you would expect on an SMSF loan.
Teams meeting
The members, or all directors of the trustee company, attend together. We sight identification and go through the documents.
Certificate returned
The documents are signed and the certificate goes to you, your broker or the lender.
What the $800 + GST fee covers
Review of the refinance loan and guarantee documents, 1 Microsoft Teams meeting for up to 2 members or directors attending together, and a signed certificate for each of them. Any variation to the bare trust deed or custodian documents is quoted separately.
Have the loan documents?
Send Them ThroughWhy the Advice Matters on a Refinance
Guarantees reach beyond the fund
A limited recourse loan protects the fund's other assets. A personal guarantee does not protect yours.
New terms, new obligations
A lower rate can come with wider default clauses or a broader guarantee than the one you signed originally.
Not proceeding is a valid outcome
The certificate records that you understood the documents. Deciding not to sign on those terms is also a legitimate result of the advice.
Questions about a refinance?
Ask UsRelated SMSF and independent legal advice services.
Questions About SMSF Refinance Advice
Can an SMSF still refinance its residential property loan?
Why does the new lender want independent legal advice?
Are both members covered by the fee?
Do you advise on whether to refinance?
Does the bare trust deed need to change?
How long does it take?
Ready to arrange the advice?
Contact UsSend Us the Refinance Documents
We will confirm what the new lender needs and book a Teams meeting with everyone who is signing.
Send Us the Loan Documents