Superannuation Claims
What happens to superannuation?
Typically, superannuation is not an estate asset, meaning it sits outside of the Will or the laws of intestacy. This is because superannuation is not an asset held personally by an individual, and it is often held in a trust mechanism and in accordance to a trust deed and rules.
Just as you can't withdraw superannuation funds at your leisure when you are alive, there are rules and provisions that dictate how these funds can be released when you have passed away.
If the deceased's sole asset was their superannuation, then you typically will not require a Grant of Representation to deal with the superannuation. However, this is at the discretion of the superannuation fund and trustee. If there are no dependents, or if there is no Will, for example, the trustee may insist on a Grant of Representation being obtained. We recommend you seek legal advice about this before making your application for the Grant of Representation, as additional information will be required in these types of Court applications.
Who can claim a death benefit?
A death benefit is a sum of money payable upon the death of a person. Not all superannuation policies have a death benefit or an insurance component. If you aren't sure what kind of superannuation your loved one left behind, contact us now and we can help you decipher the needs of the superannuation fund and advise you on the best way forward. We can also help in lodging superannuation claims and resolving super disputes.
Can I dispute a decision made by the super fund?
Yes, you can dispute a decision made by the superannuation fund. If you are wanting to explore your options here, please get in touch with a legal professional as there are often time limits for such disputes, and there are guidelines on what material you must submit.
How do I find superannuation?
If you aren't sure whether the deceased left superannuation, you can try the following things to find their superannuation:
1. Contact their last employer and see if they will release details to you as to which superannuation fund the deceased nominated.
2. Contact the ATO (this may be difficult if you have not obtained a Grant of Probate or Letters of Administration for the estate).
3. Go through any personal papers held by the deceased and contact any superannuation companies you see records for.
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