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 strong legal advice can guide you through the complex claims process and ensure you secure your full death benefit.
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.
An experienced superannuation lawyer provides invaluable guidance and representation in death benefit claims. 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 claim, including:
Claiming superannuation death benefits can come with several challenges, each of which requires careful navigation and legal expertise. These include:
To tackle these challenges, it’s crucial to seek professional legal advice early on. A skilled superannuation lawyer can help beneficiaries understand their entitlements and the specific rules of their superannuation fund. Legal experts 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.
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.
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.
We offer a free consultation to assess your case, explain your options, and answer your questions. It's fast, confidential, and obligation-free.