Superannuation has always been an issue for estate planning and remains so because the rules have changed. Wills only deal with personal assets, not assets owned by a superannuation fund that the deceased controlled. It is now possible to accumulate substantial wealth in superannuation, and leave it there until a member dies. Where these funds go when a member dies is not legally directed by the terms of a person’s will. Superannuation funds have their own rules for paying out a deceased member’s entitlements.
Superannuation death benefits can only be paid to the estate of a deceased member when:
- the superannuation fund’s trust deed stipulates that payments on death must go to the estate (which is not a common provision);
- the superannuation fund’s trust deed gives the superannuation fund trustee a discretion
- the fund allows members to make binding nominations and a member has nominated his or her estate; or
- the member has signed a Death Benefit Agreement directing where the benefits must go.
To navigate this complex landscape effectively and ensure that your superannuation is distributed according to your wishes, consulting a qualified wills and estates lawyer is highly advisable. These legal experts have the knowledge and experience to help you create a comprehensive estate plan that aligns with the latest regulations and safeguards your assets for your loved ones. For more information and personalized guidance, contact a reputable wills and estates lawyer.
