Superannuation can be a complex matter and to ensure you do not miss out on claiming the superannuation of a deceased family member, you should seek legal advice.
In some cases a deceased person’s superannuation proceeds form part of their Estate and is dealt with in accordance with their Will. It can also be the case where the deceased's superannuation moneys does not form part of the Estate and may be paid out directly by the superannuation fund to the beneficiaries of that superannuation policy.
If the superannuation proceeds do not form part of the deceased person’s Estate, it is possible for certain people to make a claim directly to the Superannuation fund if that person is about to receive an inadequate share from the superannuation fund. It is important to understand that only certain categories of people can bring a claim to the Superannuation fund, and our experienced team at Kennedy Spanner can assist you with this. Very strict time limits apply so it is important you contact a lawyer so they can assist you with the legalities associated with access to superannuation funds of deceased persons.
There are several superannuation rules that come into effect when dealing with a superannuation fund of a deceased person. If you are (or have been) a spouse, child, financial interdependent or dependent of the deceased person you may have the ability to make a claim or access a Superannuation fund.
A complaint to the Superannuation Complaints Tribunal (SCT) can be made by a person who is unhappy with a decision made by the Superannuation Trustee in relation to distribution of the Superannuation fund. Again, very strict time limits apply.
If you have concerns about a deceased estate or superannuation access, fill out the form and make an appointment with a lawyer at Kennedy Spanner Toowoomba.