When Daniella and Luke lost their father’s death benefit to his de facto spouse, we investigated and got the decision overturned.

When Daniella and Luke lost their father’s death benefit to his de facto spouse, we investigated and got the decision overturned.

Daniella and Luke

After their father passed away, Daniella and Luke lodged a death benefit claim through his superannuation fund. Unfortunately, because their father was in a de facto relationship at the time of his death, their claim was rejected and the benefit was awarded to the de facto.

With only 28 days to dispute the original decision, Daniella and Luke contacted us for legal advice. Overturning a super fund determination is never easy. We needed to thoroughly investigate the relationship between their father and his de facto.

We were able to collect evidence to establish that the relationship wasn’t as close as his de facto claimed. We successfully argued that it did not fit the definition of a true de facto partnership. We completed our investigation and prepared detailed supporting submissions – all before the 28-day deadline. As a result, the original decision was overturned and Daniella and Luke received 100% of the $500,000 benefit.

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