SUPERANNUATION death benefit DISPUTES

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SPECIALISTS IN CONTESTING SUPER DEATH BENEFIT PAYMENTS

A Deceased person’s superannuation death benefit, including their life insurance, is not necessarily paid to their estate for distribution in accordance with the terms of their Will.

If the Deceased person made a binding death benefit nomination that was in force at the time of their death, the superannuation fund must pay in accordance with that nomination.

However if a binding death benefit nomination was not made, had lapsed or was for any reason ineffective, payment of the superannuation death benefit and the life insurance held in the superannuation can be made in accordance with the discretion of the trustees of the superannuation fund.

 

If the Deceased’s superannuation was held in a self-managed fund, the terms of the trust deed will explain who exercises the discretion.

If the Deceased superannuation was held with another fund, the independent trustees of each fund will require submissions to be made so they may exercise their discretion as to how they wish to pay the death benefits.

We accept instructions to draft submissions on your behalf to seek that the Deceased’s death benefits be paid in accordance with your wishes.


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