Scroll for more

down-arrow-icon
Superannuation Death Benefit Claim Estate Planning Documents Lawyers Queensland

Should I Lodge a Superannuation Death Benefit Claim?

I am often asked by clients for assistance with claiming a deceased relative’s superannuation monies. In most instances, a superannuation death benefit claim is lodged by the partner, child or next of kin of the deceased.

What happens once the superannuation death benefit claim has been submitted?

Once a claim has been submitted, the Trustee of the superannuation fund will usually have the discretion to pay any benefits to the following (depending on whether or not a binding death nomination is in place):

  1. The deceased’s Estate (in which case the superannuation death benefits will be distributed in accordance with the Will of the Deceased. If there is no Will, then the monies will be distributed in accordance with the rules of intestacy which apply if the Deceased had no Will); or
  2. The person claiming the superannuation death benefit; or
  3. Any other people who were financially dependent on the Deceased.

When making their decision, the Trustee will also consider, among other things:

  1. The claimant’s relationship with the Deceased;
  2. The claimant’s financial circumstances;
  3. The claimant’s level of financial and non-financial interdependence with the Deceased.
  4. Any other parties who wish to claim an entitlement to the Deceased’s superannuation.

Is it important to lodge a Superannuation Death Benefit Claim?

It is important that if you are thinking about lodging a superannuation death benefit claim that you:

  1. Submit the correct supporting information;
  2. Consider whether any other parties may also claim the death benefits;
  3. Consider the time limits which may apply to object to any decision of the Trustee.

Should you have any questions on superannuation death benefit claims, or should you require assistance with lodging a superannuation death benefit claim please do not hesitate to contact me. We have assisted many clients with their superannuation claims and can provide you with information and specialised advice.

Share to your network

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.

Subscribe to our Newsletter

Subscribe to our newsletter to get updates on everything Wills, Estates and Probate.

Written by—

Chloe Kopilovic

Call 07 3035 4077 to speak with our team now