Super Death Benefits

2 min. readlast update: 02.09.2024

Understanding the Allocation Process in the Absence of a Nominee

When a superannuation fund member passes away without having nominated a beneficiary, there are specific procedures to follow for allocating the death benefit. Claimsplus Lawyers offers a comprehensive guide to understanding this process.

The Allocation Process Explained:

  • Trustee's Discretion: The super fund trustee has the authority to decide the recipients of the death benefit in situations without a nominated beneficiary. This decision considers the fund's regulations, applicable laws, and any known preferences of the deceased.
  • Potential Beneficiaries: Typically, the trustee will prioritise dependents such as spouses, children, and those who were financially or interdependently connected to the deceased. If no dependents are evident, the benefit may be transferred to the deceased’s estate.

Key Considerations for Beneficiary Allocation:

  • Estate Distribution: Should the death benefit be allocated to the estate, it will be distributed according to the deceased’s will or, in the absence of a will, following legal guidelines specific to the state or territory.
  • Understanding Nomination Types: It's important to distinguish between binding and non-binding nominations. A binding nomination directs the trustee to follow the specified instructions, whereas a non-binding nomination acts as a guide.

Support from Claimsplus Lawyers:

Dealing with superannuation death benefits without a nominated beneficiary can be complex. Claimsplus Lawyers specialises in providing insight and support in such situations. By connecting clients with skilled professionals in superannuation, we aim to ensure a clear and informed understanding of these processes. If you're facing the challenge of a superannuation death benefit without a nomination, Claimsplus Lawyers is prepared to assist.

Contact Claimsplus Lawyers for Support:

For any inquiries or additional support related to superannuation death benefits when there’s no nominated beneficiary, feel free to contact Claimsplus Lawyers. Our team is committed to helping you navigate the intricacies of your superannuation claim with expertise and care. 


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