I recently received an enquiry from someone who was trying to deal with an Estate where the deceased had died without a Will. Among other enquiries as to how to deal with the Estate assets, the enquirer did not know how to find which fund held the deceased’s superannuation.
How do I know if they even had super?
If the deceased was younger than 55 at their date of death and did not spend their entire working life as a contractor or working in their own business, chances are they do have superannuation somewhere.
Where can I find the superannuation?
Certain industries have preferred or obligatory superannuation funds. For example, if the deceased worked for the Queensland government at any time, they will likely have superannuation with QSuper. If you know which industry your loved one predominantly worked in, you could try superannuation companies tailored to that industry first.
I have no idea where to start – what should I do?
If you aren’t sure what industries the deceased worked in, or if they changed jobs often and moved around, there are a few online lost super services you can use. The Australian Tax Office has the most comprehensive super finder. You can find it online here. You will need the deceased’s full name, date of birth and tax file number to use this service, but it is free to use.
How do I make a claim for my loved one’s super?
Under superannuation laws, usually the only people who can benefit from a deceased’s superannuation are their spouse, children or financial dependents. However, if the deceased did not have any children, no spouse and no financial dependents, it may be open for the trustee to distribute the funds to anyone else in the deceased’s life who can show that they have a claim. Although you can complete the necessary form yourself, your claim will have a better chance of success if you retain an experienced Estate lawyer to assist you.
Please contact me should you require assistance or advice.
The information provided in this article is for general information and educative purposes in summary form on legal topics which is current at the time it is published. The content does not constitute legal advice or recommendations and should not be relied upon as such. Whilst every care has been taken in the preparation of this article, Wills, Estates and Probate Lawyers (WEP Lawyers) cannot accept responsibility for any errors, including those caused by negligence, in the material. We make no representations, statements or warranties about the accuracy or completeness of the information and you should not rely on it. You are advised to make your own independent inquiries regarding the accuracy of any information provided on this website. WEP Lawyers does not guarantee, and accepts no legal responsibility whatsoever arising from or in connection to the accuracy, reliability, currency, correctness or completeness of any material contained in this article. Links to third party websites or articles does not constitute any endorsement or approval of those sites or the owners of those sites. Nothing in this article should be construed as granting any licence or right for you to use that content. You should consult the third party’s terms and conditions of use in relation to any third-party content. WEP Lawyers disclaims all responsibility and all liability (including liability for negligence) for all expenses, losses, damages and costs you might incur as a result of the information being inaccurate or incomplete in any way. Appropriate legal advice should always be obtained in actual situations.