Superannuation Death Benefits    

Superannuation is a method of investing or saving that provides financial support for an employee or their dependents when that employee stops working, retires or dies.

When a partner or family member dies, you will need to take a number of legal steps in order to gain access to his or her superannuation funds.

If you believe you may be entitled to access the superannuation funds of a deceased partner or family member on whom you were financially dependent, it is important that you seek prompt legal advice to ensure that your rights are fully protected.

That is where Slater & Gordon can help. Our lawyers can represent you during this process to ensure the fund and the insurer assesses your claim fairly and reasonably. We will work with you to assess the relevant issues and advise you frankly of the legal options and avenues available to you.

If you have already lodged a claim that has been denied, we can help you to challenge the fund's decision by requesting an internal review of the decision, through the Superannuation Complaints Tribunal or, if necessary, by taking court action on your behalf.

How will the superannuation fund decide who receives the money?

A superannuation death benefit can only be paid out to persons who are classified as dependants of the deceased. The trustee of the superannuation fund determines which claimants are dependants and what percentage of the benefit each claimant will receive, unless the deceased has signed a binding nomination form. Most nomination forms do not bind the trustee.

Generally:

• A dependant includes a spouse or any other child of the deceased or a person who can show they were financially dependent upon the deceased at the date of death
• A child includes a legally adopted child, a step child or an ex-nuptial child of the deceased
• A spouse includes a spouse through marriage and a domestic partner, who is a person who, although not legally married to the deceased, lived with that person on a genuine domestic basis as the husband or wife of the deceased.

If the trustee of the superannuation fund decides that the deceased had no dependants at the date of death, the death benefit will be paid to the deceased's estate.

If there is a will, the death benefit will be distributed under the terms of the will. If there is no will, the law will determine who will get the estate and the death benefit will be distributed in the same way.

What if I don't agree with the superannuation fund trustee's decision?

Disputes may arise regarding a trustee's decision, particularly if the deceased died leaving a dependant spouse and children from an earlier relationship. Disputes may also arise if the trustee determines not to pay the death benefit because it believes that an exclusion, such as suicide or AIDS applies.

If you are unhappy with the trustee's decision, you may lodge an objection. Generally, objections must be lodged within 28 days of receiving written notification of the trustee's determination.

If you are still unhappy once the objection has been lodged and determined by the trustee, you may take the matter to the Superannuation Complaints Tribunal.

How will I pay my legal fees?

Slater & Gordon's No Win - No Fee™ scheme is usually available for superannuation claims. The scheme is designed to help those whose financial circumstances might otherwise deny them access to legal representation.

Talk to us

If you have a claim to a partner's or family member's superannuation and would like more information about how we can help you, please contact us either by email or by calling direct on 1800 555 777.