Death Benefits Lawyers: How They Help and When You Should Call One
Like most people, you probably know superannuation is important for retirement — but you might not realise that super policies can also provide financial support to a member’s partner, children or other ‘dependants’ when they pass away.
After a member dies, the money left in their super account becomes their ‘death benefits’. These benefits are then distributed to the deceased’s dependants by the fund.
Sometimes, the process is simple. But when multiple dependants are involved or disputes arise, it can get complicated. That’s when legal advice from a specialist superannuation lawyer can make a huge difference.
Read on to see how a death benefit lawyer can guide you through the complex claims process and ensure you secure your full payout.
Understanding superannuation death benefits
In addition to the super balance left over in a member’s account, superannuation death benefits also include any insurance benefits attached to the account. For example, if your loved one had a life insurance policy linked to their super fund, that payout will be part of the death benefits. Because these benefits can be quite substantial, disputes over them can be emotionally charged and legally complex.
The distribution of superannuation death benefits doesn’t automatically follow the deceased’s will. Instead, it’s up to the fund’s trustee to decide how the benefits are allocated, based on the fund’s rules and any binding nominations made by the deceased before they passed away. A binding nomination is a legally valid way for a member to specify who they want to receive their death benefits.
Given the complexity of how these benefits are distributed, careful planning and legal advice are crucial to ensure the deceased’s wishes are respected.
What is a death benefit claim?
A death benefit claim means you’re requesting to access your deceased loved one’s death benefits. As we’ve discussed, death benefits claims are usually straightforward if you’re the nominee and there are no disputes. But if multiple people believe they should receive the benefits or if the insurer challenges the claim, a death benefits claim can get complex. In these cases, getting advice from a lawyer for death benefits is essential.
The role of a superannuation death benefits lawyer
An experienced death benefits lawyer provides invaluable guidance and representation for your death benefit claim. Lawyers who specialise in this field understand the nuances of superannuation regulations and the trustee’s duties and obligations. They can assist with every aspect of your death benefits claim, including:
- Clarifying beneficiary entitlements: a lawyer will clarify who can receive death benefits under the law. This is important in cases involving complex family dynamics, like blended families or estranged relationships.
- Challenging trustee decisions: if a trustee’s decision regarding the distribution of death benefits seems unfair or contrary to the deceased member’s wishes, a death benefits lawyer can assist in challenging the decision. This might mean filing a complaint with the superannuation fund or escalating the issue to the Superannuation Complaints Tribunal (SCT) or even the Federal Court.
- Advising on binding nominations: to avoid disputes, a death benefits lawyer can advise on creating a binding death benefit nomination. This document guides the superannuation fund on how to distribute the death benefits, limiting the trustee’s discretion and reducing the risk of conflicts among beneficiaries.
- Navigating insurance claims: if the superannuation includes an insurance component, like life insurance or Total and Permanent Disability (TPD) cover, a superannuation insurance claim may be required. Death benefits lawyers can assist in preparing and submitting the necessary documentation, ensuring that the claim complies with policy terms and conditions.
Common challenges in death benefit claims
Claiming death benefits can come with several challenges, each of which requires careful navigation and legal expertise. These include:
- Lack of binding nominations: if a superannuation member has not made a valid, binding death benefit nomination, the trustee has discretion over distributing the death benefits. This can lead to disputes among beneficiaries if there are conflicting claims or the trustee’s decision does not align with the deceased member’s wishes.
- Disputes among beneficiaries: disagreements among family members or other beneficiaries over allocating superannuation death benefits are common. A lawyer can offer objective advice and represent you in dispute resolution or litigation, ensuring your rights and interests are safeguarded.
- Complex fund rules: different superannuation funds have different rules regarding death benefit payments. If the fund’s terms are complex or the member has multiple superannuation accounts, navigating these rules can be tough without expert advice.
- Tax implications: beneficiaries receiving superannuation death benefits can face significant tax implications. A superannuation lawyer can guide the tax treatment of these benefits, helping beneficiaries maximise their entitlements.
To tackle these challenges, it’s crucial to seek professional legal advice early on. A skilled death benefits lawyer can help beneficiaries understand their entitlements and the specific rules of their superannuation fund.
Lawyers for death benefits can also assist in drafting binding death benefit nominations so they are properly executed and legally valid. By involving an experienced lawyer, claimants can avoid unnecessary delays and ensure a smooth, fair resolution of their claims, protecting their financial future.
How to claim death benefits
Navigating the complexities of superannuation death benefit claims requires more than understanding the law; it requires experience, strategy, and the ability to manage delicate family dynamics. That’s why it’s crucial to speak to a death benefits lawyer before starting your claim.
Whether you need to understand beneficiaries’ legal entitlements, challenge trustee decisions, or manage complex superannuation insurance claims, a skilled lawyer offers essential guidance and support. By seeking expert legal advice, you can ensure your rights are protected and the deceased member’s wishes are honoured, bringing peace of mind during a difficult time.
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