Superannuation Death Benefits
Superannuation can be a complex matter and it’s beneficial to seek legal advice to ensure you do not miss out on claiming the superannuation of a deceased family member. In some cases, a deceased person’s superannuation proceeds forms part of their Estate and is dealt with in accordance with their Will. However, there are other cases where the superannuation monies do not form part of the Estate and are paid out directly by the superannuation fund to the beneficiaries of that superannuation policy as a superannuation death benefit.
When 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. Very strict time limits apply and it is important to understand that only certain categories of people can bring a claim. The competent team at Kennedy Spanner are well experienced in superannuation law and can assist 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. Generally speaking, in order to make a claim or access a superannuation fund, you need to have been a spouse, child, financial inter-dependent or dependent of the deceased person, otherwise you may not be eligible for the superannuation death benefit.
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 or contact our office on (07) 3236 9169 and make an appointment with one of our experienced Superannuation Lawyers at Kennedy Spanner.