Superannuation is often one of the largest assets a person leaves behind – yet many families are surprised to learn it’s not automatically part of the estate.
Each fund is different and rules for payment of superannuation death benefits differ substantially. Usually, unless a valid binding nomination is in place, the trustee – not the Will – decides who receives the benefit.
We’ve helped spouses, adult children, parents, financial dependents and executors navigate this complex and emotional process.
If you’ve received a decision you don’t agree with, there’s a narrow window to challenge it through the Australian Financial Complaints Authority (AFCA). AFCA is a government body which will review the decision and determine whether it is fair and reasonable. An objection to AFCA must be lodged within a specified time after the trustee’s determination (usually 28 days).
Superannuation disputes are time-sensitive. Let’s talk early.
Recent cases
In C v G, we acted for an adult child of a deceased who died with superannuation being his only substantial asset. The superannuation fund trustee determined to pay the whole of the benefit to the deceased’s other two children. We lodged an objection with AFCA and were able to resolve the dispute by negotiation on favourable terms.
In X v P, we acted for the family of a deceased person whose only substantial asset was his superannuation (and associated life insurance policy). The superannuation fund trustee determined to pay the benefit to a person alleging they were the deceased’s de facto partner. After our intervention, AFCA determined the person not to have been in a de facto relationship and overturned the trustee’s decision.
In Q v Q, we acted for the executor of an estate where there was a large superannuation death benefit. The fund trustee determined to pay the benefits to the estate. The spouse of the deceased objected to the payment to the estate and contended it should be paid to her. An objection was filed with AFCA. We resolved the dispute on favourable terms by negotiation.
In PL v R, we acted for the spouse of a deceased who had made a non-binding nomination largely in favour of his adult children, leaving only a small portion to his spouse. After submissions from us, the superannuation fund trustee determined to pay the whole of the benefit to our client.
In C v U we acted for the administrator of an estate where the only significant asset of the deceased was a large superannuation death benefit. The fund trustee decided that a binding nomination in favour of the estate was invalid due to a subsequent divorce. The fund trustee determined to pay the benefit to one dependant rather than to the estate (where it would have been shared between other family members). We filed an objection with AFCA, which was ultimately favourably resolved by negotiation during the AFCA process.
Inheritance disputes
How we can help
Our team brings decades of experience and a kind, steady hand to guide you. Whether you need a little help or the whole process taken care of, we’re ready.
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