Since 1977, PK Simpson has been helping families across NSW navigate complex superannuation death benefit disputes and nominations. With over 25,000 successful cases, our experienced contested wills lawyers understand how superannuation death benefits can significantly impact family provision claims and estate distributions.

How Superannuation Death Benefits Are Distributed 

There are two primary ways that superannuation policies will be dealt with on the death of the policy holder.

Binding vs Non-Binding Nominations 

The deceased may have nominated specific beneficiaries under their superannuation policy. This nomination may be binding, in which case the superannuation trustee is required to distribute the death benefit to the nominated beneficiaries. The nomination may be non-binding, or the binding nomination may have lapsed, in which case the trustee has discretion to distribute as it sees fit. In this case, the trustee may choose to distribute as per the deceased’s wishes expressed in the will, may choose to give the funds to the executor or administrator to be included as part of the residue of the estate, or to take into consideration taxation benefits that may apply.

Important Legal Requirements 

Binding death benefit nominations typically expire after three years unless renewed. Under the Superannuation Industry (Supervision) Act 1993 (Cth), trustees must follow valid binding nominations. However, in NSW, the Supreme Court has the power under the Succession Act 2006 (NSW) to designate superannuation as “notional estate” for family provision claims, even when binding nominations exist.

Challenging Superannuation Distributions 

If you are planning on making a Family Provision claim, you should take steps to determine whether a superannuation policy exists at the time of death, and the method by which it will be managed.

When Can You Challenge a Superannuation Distribution? 

Where the deceased has made a nomination for a specific beneficiary, those who are beneficiaries under the will, and those filing family provision claims, will miss out on the benefits of this asset. However there may be certain actions that can be taken in order to have the funds included in the deceased’s estate.

Time Limits for Superannuation Claims 

Family provision claims involving superannuation must be filed within 12 months of death under section 58(2) of the Succession Act 2006 (NSW). This strict deadline applies even when challenging binding nominations or trustee discretion decisions. Early investigation of superannuation holdings is crucial to protect your entitlements.

How We Can Help 

Our contested wills lawyers can advise you on the best course of action to ensure that your Family Provision claim provides you with the financial support that you need. And best of all, we are unique in offering a No Win No Fee service in contesting wills.

Our Surry Hills, Sydney office serves clients across NSW including Sydney, Parramatta, Newcastle, and Wollongong. Whether you’re challenging a binding nomination, contesting trustee discretion, or pursuing a notional estate claim involving superannuation, our estate disputes team can assess your options during a free initial consultation.

Other Superannuation Claims 

If you’re seeking compensation for total and permanent disability (TPD) through your superannuation fund, our TPD claims specialists can also assist with insurance disputes and benefit denials.

So give us a call today on 1300 757 467 to set up a free initial consultation.

Since 1977, PK Simpson have been helping the people of Australia get the compensation they are entitled to. PK Simpson have the skills and experience to make sure you are successful.

For expert advice on superannuation death benefits and family provision claims in NSW, contact PK Simpson today on 1300 757 467.