A superannuation death benefit is a payment you make to a dependant beneficiary or to a trustee of a deceased estate after the member has died.
Superannuation death benefits do not automatically form part of the Estate of a deceased member. In many cases, the trustee of a superannuation fund will pay the death benefits directly to the deceased’s dependants and in that event the death benefits will not form part of the Estate.
However, in some cases a superannuation fund will pay the death benefit or part thereof to the deceased’s legal personal representative (that is the executor or administrator of the Estate), and in that event the superannuation death benefit will form part of the Estate and pass in accordance with the deceased’s will or on intestacy if there is no will (subject to any court order).
The destination of superannuation death benefits will depend on a number of factors including terms of the superannuation fund’s trust deed, the applicable legislation and any current valid beneficiary nomination the deceased has made.
If you require further assistance in relation to superannuation death benefits or estate planning, please contact our team of experienced lawyers by clicking here to submit an online enquiry form or call us on 1300 QUINNS (1300 784 667) or on +61 2 9223 9166 to arrange conference or appointment.