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Superannuation and The Estate

If Death Nomination has been completed with respect to the Superannuation interest and the nomination is in favour of a Spouse, Child or Beneficiary then the Superannuation generally won’t be considered to be part of the Estate and instead will be paid directly to the nominated Beneficiary.

If there is no Death Nomination in place for the Superannuation, then the trustee of the superannuation fund will have discretion to pay the Superannuation to either a Spouse, Child or Dependant. In some situations where there is dispute the Trustee of the Superannuation fund may instead pay the Superannuation to the Estate and it will then be distributed in accordance with the Will.

Process of lodging a claim for superannuation

Should you wish to lodge a death benefit claim, the process is generally quite straightforward and involves:

  • Notifying the superannuation fund of the deceased’s death;
  • Making a Death Benefit Claim to the trustee of the superannuation fund and providing the relevant documentation;
  • The trustee will then make a decision and pay the funds accordingly.

If you do not agree with the Trustee’s decision, you may dispute or appeal the decision. Our friendly Estate Lawyers have a wealth of experience dealing with Superannuation funds.

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