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Sick and unable to work? A superannuation claim can help. Our experts analyse your policy and find every benefit you're entitled to, including TPD and income protection. We also handle super death benefits claims, and can assist if your loved one has recently passed away.
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Losing a loved one is always difficult, especially if you feel your inheritance is unfair. For 25 years, our specialist lawyers have helped Australians secure their rightful inheritance.
Losing a loved one is never easy, but worrying about your financial future shouldn’t add to the burden. A superannuation life insurance claim can offer support and peace of mind.
A life insurance policy is a contract between an insurance provider and an individual that guarantees a payout of a predetermined sum to nominated beneficiaries if the policyholder passes away.
In Australia, life insurance is often linked to superannuation funds, meaning most people automatically have a death benefit as part of their super. Others may buy separate life insurance cover through an insurer.
Life insurance is designed to provide financial security to your loved ones, helping cover expenses such as mortgages, living costs, or ongoing care for dependants. Understanding how your policy works and who can make a claim is crucial, especially when multiple family members or dependants may be involved.
Do I have a life insurance claim?
You may have a life insurance claim if you’re the deceased’s dependant or a nominated beneficiary. The deceased’s dependants usually include:
Close relatives e.g. spouses, de facto partners or children under 18.
Anyone who was financially dependent on the deceased at the time they passed away.
Nominated beneficiaries, on the other hand, are:
The individuals the deceased specifically named to receive their benefits when they arranged the cover.
Importantly, neither dependants nor nominated beneficiaries are automatically entitled to the payout. The super fund must assess all claims and decide who receives the death benefits.
Sometimes this process is straightforward. But if there are multiple potential claimants, things can quickly become complicated.
That’s why it’s wise to seek advice from an experienced life insurance lawyer. In a free consultation, we can explain your rights, guide you through the process, and help maximise your chances of a successful claim.
Begin your free online claim check
Find out whether you have a death benefits claim today.
To start a life insurance claim, you’ll need to lodge a claim form with the deceased’s super fund or insurer. This must include proof of your relationship to the deceased.
If you’re the only dependant, the process is usually straightforward. But if other parties may also have a claim, getting legal advice early can make all the difference.
An experienced life insurance lawyer can help by:
Contacting the super fund or insurer and gathering all policy details.
Preparing detailed submissions for your life insurance claim.
Collecting strong evidence of your relationship to the deceased.
Ensuring your claim meets all the fund’s strict requirements.
Keep in mind: super funds and insurers have full discretion over who receives the payout. Even if you’re nominated as a beneficiary or a close relative, the fund may decide to pay another dependant instead.
Once a decision is made, challenging it can be difficult, but it’s not impossible. Our life insurance lawyers have successfully overturned many unfair decisions and helped clients secure the benefits they were entitled to.
What can I do if my life insurance claim is denied?
Once your claim is assessed, the super fund will issue a preliminary decision outlining who they believe should receive the life insurance benefits. If you disagree, you have 28 days to lodge a dispute, after which the super fund reviews your objections and issues a final decision.
If you still disagree with the final decision, you can take your life insurance dispute to the Australian Financial Complaints Authority (AFCA). AFCA will review whether the super fund’s decision was reasonable. Should you remain dissatisfied, the next step is to pursue the matter in court.
Whether you’re disputing a preliminary or final decision, a specialist life insurance dispute lawyer can guide you through every stage.
We know the dispute process inside out and will handle all communications with the super fund, including any requests for more information or evidence. This gives you the best chance of getting your claim approved and securing the benefits you deserve.
How much does a life insurance lawyer cost?
The exact cost of working with a life insurance lawyer depends on a few factors, like how complex your claim is and how long it takes to resolve. But when you’re with Monaco, you can relax, knowing you’re protected by our No Win No Fee guarantee. Here’s what that means for you:
Genuine No Win No Fee: Unlike other firms, our No Win No Fee means exactly that — if we don't win, you won't pay a cent for your claim.
No upfront costs: We cover all upfront costs: legal fees, expert reports, and admin. If your claim doesn’t succeed, you’ll never get a bill from us.
Fixed fees: You’ll receive a clear cost breakdown before we begin, with no hidden extras.
30-day risk-free trial: You can try our services for 30 days, and if you change your mind during that time, you won’t pay a cent.
The life insurance claims process
Every life insurance claim is slightly different, but it’s likely yours will follow these steps:
After a loved one passes away, the first step is to notify their super fund and request the claim forms. If you believe other people may try to make a claim, it’s best to speak with an experienced life insurance lawyer first.
We’ll review the policy, explain your rights, and map out the best strategy to resolve your claim quickly. This initial investigation is completely obligation-free. If you decide to proceed, we’ll get started on your life insurance claim right away.
To strengthen your claim, your lawyer will gather evidence of your relationship with the deceased and prepare detailed submissions supported by relevant case law.
Once everything is complete, we’ll lodge your claim with the super fund. With our experience and attention to detail, your documents will be accurate, thorough, and ready for assessment. This helps you avoid unnecessary delays and gives your claim the best chance of success.
The super fund will review all claims and verify the information provided. They may also request additional details at the time. Your lawyer will manage all communication with the fund and keep you updated every step of the way.
Once the assessment is complete, the super fund will issue a letter outlining their decision and confirming who will receive the death benefits.
If the decision is unfair, your life insurance lawyer can challenge it by lodging a dispute. Our lawyers have extensive experience dealing with life insurance disputes and will determine exactly what new evidence is needed.
Over the years, we’ve successfully overturned hundreds of super fund determinations. Throughout this process, you’re still protected by our No Win No Fee guarantee.
Whether your claim is approved straight away or after a dispute, our 98% success rate means you’re very likely to secure the benefits you deserve.
Once approved, your lawyer will make sure your life insurance payout is processed quickly so you can access your funds without delay.
How do I find a life insurance lawyer near me?
With 29 offices across Australia, it’s never been easier to find an expert life insurance lawyer near you.
Below, you can get to know some of our award-winning life insurance and superannuation lawyers.
Meet the team
Our team use their extensive experience to increase your chances of success. We’ve won many awards for our work, including ‘Compensation Law Firm of the Year 2020 GBM Global Awards.’
Most life insurance claims are approved within 4 to 6 weeks. If the claim is disputed, however, the process can take 6 to 12 months.
The exact timeline depends on factors such as:
The number of potential beneficiaries.
How quickly all parties submit their documentation.
The time the super fund takes to review each claim.
Any additional information the super fund requests.
It’s important to start a life insurance death claim as soon as possible. If another dependant or family member lodges a claim first, your entitlement could be challenged. In some cases, you might miss out entirely.
If you need to dispute a super fund’s decision, you usually have 28 days to do so.
Even if that deadline has passed, don’t worry. Our experienced lawyers can help with delayed claims, applying for time extensions or requesting an internal review to protect your rights.
Life insurance death benefits aren’t part of a deceased person’s estate and generally cannot be distributed through a will. Instead, the super fund holds the balance in a trust to be paid to the beneficiaries the deceased nominated.
Binding nominations
If the deceased made a legally valid binding nomination, the super fund must follow it. Even if the will names different beneficiaries, only the binding nominations receive the death benefits.
Non-binding or missing nominations
If there’s no nomination, or the nomination is non-binding (for example, improperly completed or expired), the trustee can decide who receives the benefits. They may pay the money to the executor of the will or to any financial dependants of the deceased. In some cases, the executor can apply to the Court to include the death benefits in the estate.
In certain situations, it’s possible to access life insurance benefits from your superannuation while you’re still alive. The most common scenarios are terminal illness claims and trauma or critical illness claims.
Terminal illness claims: allow a policyholder to receive an early payout if two doctors certify that they are terminally ill and likely to live only 12 – 24 months (requirements can vary depending on the fund and policy). While not technically a death benefits claim, this provides access to your superannuation balance before passing.
Trauma and critical illness claims: let you claim life insurance benefits if you suffer a serious medical condition, such as a heart attack, stroke, or cancer, regardless of your life expectancy.
Other circumstances may also allow early access, including financial hardship or permanent incapacity. Whether these options apply depends on your fund or insurer and policy terms, so it’s wise to get expert legal advice before making a claim.
While you can make a life insurance claim on your own, working with lawyers specialising in life insurance ensures you get the full benefit you deserve. Without legal guidance, insurers may unfairly refuse or delay claims that could otherwise be approved.
A skilled death benefits lawyer can make a significant difference. We help you gather crucial expert evidence and cover all upfront costs, including fees for those expert reports.
An experienced lawyer will also:
Review your policy and the fund’s trust deed to advise the best course of action.
Assess your eligibility based on current law and past court decisions.
Compare your situation to similar claims to strengthen your case.
Develop a comprehensive legal strategy and compile all necessary evidence.
Handle all communications with the super fund or insurer.
Lodge formal complaints if your claim is unfairly denied or delayed.
There is no way I would've won without Monaco. My family and I are so grateful.
When my life turned upside when my dad passed, the last thing I could handle to process was his estate & the hurdles that presented.
Monaco Solicitors, especially my amazing lawyer Ben, literally saved my life. There is no way I would have ended up with the 100% in winnings if it were not for his extensive knowledge, persistence & professionalism throughout the whole process. I honestly can not thank Monaco Solicitors enough for the life-changing result they have given me & my family.
They believed in my argument & proof from the very beginning & with their extensive knowledge in law, gave me the best chance I could ever have. Thankyou so much Monaco Solicitors.
Thank you for accomplishing so much in such a short time.
Great communication, empathy and understanding. My case worker Daniella was a saint, understanding and patient and always passing on any updates in record time.
I was at rest in a very stressful situation, a bad situation. It was made to cope with because of the professionalism displayed at every turn by this super supportive team.
A Massive thank you to Daniella from me personally for all that you were able to accomplish in such a short time. To say I owe you is an understatement.
Good result! We had a complicated claim but they got the job done.
My brothers and I had a complicated claim. I found Ben Ralph to be very helpful, himself and Sally Sutton worked hard for just over a year to get through our claim. They achieved a good result and got the monies paid to myself and my brothers.
Their communication was fantastic, and they would always let us know when they had an update or when they expected an update. If I had a question Ben was always happy to answer to the best of his knowledge and do extra research if he was un-sure. We went with Ben because he specialized in super and feel that he did an awesome job with our claim, I would definitely recommend Ben and his team. He was very professional but also had some empathy and understanding which was nice 🙂
Monaco made the process easy for me, I wouldn't have succeeded on my own.
My experience with Monaco has been very good. Having commenced my TPD super claim myself, I soon was overwhelmed by the requirements. Although my claim was pretty small compared to others which make headlines, Monaco offered their services on a no win no fee basis.
Monaco made the process easy even though I have an acquired physical and cognitive disability. The communication was excellent throughout the process which only took about 3 months and they delivered a positive result for me. Without their services, expertise and experience I am sure I would not have succeeded on my own. The fee in the end was as expected for a result that will make a big difference. Thank you to Ben, Ginan and all those who assisted me in this first claim.
I knew it from the very first phone call: I had found a compassionate law firm.
Monaco Solicitors, I have no hesitation in recommending Daniella Dababneh and her team. After I suffered a serious workplace accident, I was in need of legal help.
From the very first phone call, I was treated with respect and I was always kept in the loop of the status of my claims, Early Release of Super & TPD. Both claims have been successful.
Monaco helped me get much more compensation than I expected.
Monaco Lawyers helped me to receive compensation for an ongoing injury I sustained after I was simply driving home from work and was driven into head on by an incompetent and negligent driver who I believe was texting at the time of the accident.
Monaco Lawyers were keen to help me, understanding and easy to work with. I received more than I thought I would get with the help of one of the Monaco Lawyers who knew exactly what she was doing, and fought on my behalf for a very good outcome.
I continue to have problems with my foot, but I feel I have received justice for something that was completely not my fault.
They helped me juggle my injury claim and my mum's full-time care.
I highly recommend Monaco Solicitors. I was claiming PI through my superannuation for workplace injuries. They were doing a no win no fee which was great as I am a carer for my mum and don’t earn much.
Everyone I dealt with were so kind and helpful. They helped me where I was finding things difficult due to caring for my mum. They kept me up to date on what was happening.
Monaco Solicitors are very professional and I would recommend them if you are looking for a good solicitor.
They took care of every detail, supporting me every step of the way.
The team at Monaco Solicitors are outstanding. I was broken and had no capacity to lodge a claim. My toxic employer had me believe I was worthless. My medical expenses were adding up and I could not access treatment due to the cost. Daniella Dababneh and her team stepped in and nurtured me through the complicated process of lodging my TPD claim.
I felt protected for the first time against my employer. Monaco were there ever step of the way and took care of every detail until the end. Because of the team at Monaco, I am now able to receive the treatment I require, and my family have me slowly coming back to them so I can be a husband and father they deserve. They are more than just a Solicitors firm, they honestly care. With all my heart, thank you.
Monaco's help reduced a 12-month process to just a few months.
My father originally found Monaco online for super claims,. They had discussed with him in great detail the processes and had been kind and very helpful a few years ago. When needing help with my mothers super claim I knew I could trust Monaco again.
Not only have we had weekly updates and a great team of support, it has been an easy process. When busy or unable to process documentation ourselves they have proceeded on our behalf and what could have been a 12 month process has only taken a few months with their constant drive and assistance along the way. Thank you to the team! You have saved me a lot of lost time and it is worth every penny spent when the amount of stress is taken away.
I can't recommend Monaco enough for their help in securing my future financially.
Monaco Solicitor’s helped me get the best outcome financially for my future after work place injuries left me unable to return to work, my WPI claim was handled by Medea, Jo and Chantel for the main part and although stressful for me at times they always reassured me and kept me up to date throughout the whole process.
Now that my claim is finished I look back and am extremely grateful I had these people to get me a result that exceeded my expectations and has helped set my family’s future up, Monaco also guided me and handled my TPD claims with the same professional attitude and the financial outcome also was above my expectations, I honestly can’t thank or recommend this law firm enough.
The law around life insurance can be complex, and simply lodging a claim isn’t always enough to secure what you’re entitled to. That’s why strong legal support is essential.
Voted ‘Compensation Law Firm of the Year 2020’, we have the expertise to prove dependency, protect your rights, and help you access your rightful benefits.
Our lawyers are highly experienced in handling cases like yours and stay up-to-date with the latest court decisions. Because life insurance and death benefits law is constantly evolving, this knowledge is key to achieving a successful outcome.
As a national firm, we have the collective resources to manage claims of any complexity. Contact us today for a free, thorough consultation to understand your options and how we can help you secure the life insurance benefits you deserve.
After his death, Tina’s partners’ family was awarded his benefit. We found a loophole – and got the decision overturned.
When Tina’s de facto partner passed away, his super fund paid 100% of the benefit to her partner’s estate. Tina’s partner had made a recent will, stipulating...
When Daniella and Luke lost their father’s death benefit to his de facto spouse, we investigated and got the decision overturned.
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...
When his brother died, Shaun’s estranged parents tried to claim his benefit. We proved it belonged to Shaun.
For most of their lives, Shaun had assisted his brother financially. Shaun’s brother was estranged from their parents. Despite this estrangement, when Shaun’s brother passed away, their...
When Sonya’s same-sex partner passed away, her partners’ parents disputed Sonya’s death benefit claim. We proved that Sonya was the rightful beneficiary.
Sonya’s partners’ parents never supported their relationship. The parents provided evidence that Sonya and her partner had separated for a period prior to her passing. This complicated...
Use our online claim checker to instantly find out if you have a claim. Alternatively, just give us a ring — our expert lawyers are always ready to answer your questions.
