Superannuation Death Benefit Claims

Superannuation death benefits do not automatically form part of the estate of a deceased person, which means that they are not necessarily governed by the terms of the deceased person’s will.  This is because your superannuation is held by the super fund trustee on trust for the member, and unless the deceased person made a binding nomination as to how their superannuation was to be paid, then it is up to the superannuation trustee to determine how superannuation death benefits should be distributed between certain eligible persons (which might be in line with any non-binding nominations made by the deceased member).

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Under superannuation law, superannuation death benefits can only be paid to certain eligible persons, being the deceased person’s:

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• Spouse (whether married or de facto);

• Children (whether infant or adult children);

• Any person in an interdependent relationship with the deceased; or

• Legal personal representative of the deceased person’s estate.

Superannuation funds consider a wide variety of factors before making decisions regarding superannuation death benefits, and there are lots of legal technicalities that govern how superannuation death benefits are distributed.  If you are claiming superannuation death benefits, or believe you’ve not been properly included as a beneficiary of a deceased person’s superannuation death benefits, then you have limited time to take action and protect your rights.  Ashton Estate Lawyers are experienced in assisting with superannuation death benefit claims and disputes - if you are concerned that you haven’t been properly considered in a superannuation death benefit claim, or another person is contesting a decision in your favour, then contact us for a free 15-minute telephone conversation regarding your rights and find out how we can assist you.