One of the most misunderstood parts of estate planning is that, in most cases, your superannuation does not automatically form part of your estate. It is held in trust by your fund and sits outside your will, so unless you have a valid binding death benefit nomination, your fund’s trustee decides who receives your death benefit. Superannuation death benefits are governed by the Superannuation Industry (Supervision) Act 1993 (Cth). We advise on aligning your super with your will from our offices in Newcastle, and across NSW.
How we help
We make sure your super and your will point in the same direction, not against each other. We:
- Advise on and prepare binding death benefit nominations.
- Check who is eligible to receive your benefit, and the tax consequences.
- Align your super nomination with your will and broader estate plan.
- Assist family members to make or respond to claims for superannuation death benefits.
Why families choose Mullane Lindsay
This work forms part of our wills and estates practice, led by Cavelle Lindsay. Backed by the firm since 1976, we coordinate the legal side with your accountant or financial adviser so your nomination is valid, current and tax-aware.
Who can receive your superannuation death benefit?
Under the Superannuation Industry (Supervision) Act 1993, a death benefit can be paid only to a dependant or to your legal personal representative (your estate). Dependants include a spouse or de facto partner, children of any age, a person in an interdependency relationship with you, and anyone financially dependent on you. Adult children who are not financially dependent may face a higher tax liability, which is an important planning consideration.
