Superannuation death benefit claim preparation checklist
Superannuation does not automatically form part of an estate — it is dealt with by the fund trustee. This checklist walks through preparation of a death benefit claim or dispute.
This is a 12-step checklist for a superannuation death benefit claim. It covers binding nominations, SIS Act dependants, trustee discretion, tax treatment, and the AFCA pathway for disputes.
The checklist
Obtain member statements
Obtain member statements and benefit balances from each super fund.
Check binding death benefit nomination
Check whether a valid binding nomination is in place and whether it has lapsed.
Identify SIS Act dependants
Identify spouse, children, interdependency partners, and financial dependants under section 10.
Identify the legal personal representative
Identify the legal personal representative (executor or administrator) for claims to the estate.
Lodge the claim with the trustee
Lodge the claim with the trustee with supporting evidence.
Gather dependency evidence
Collect evidence of financial dependency or interdependency — joint bank accounts, shared residence, and household bills.
Check insurance component
Check whether a life insurance component is included in the benefit and the policy terms.
Calculate tax treatment
Calculate the tax treatment — tax-free to dependants, 15% plus Medicare to non-tax dependants.
Consider estate pathway
Consider directing the benefit to the estate if the will distributes more tax-effectively.
Respond to trustee's proposed decision
Respond to any notice of proposed decision by the trustee within the objection period.
Lodge AFCA complaint if needed
Lodge an AFCA complaint within 28 days of the trustee's final decision if unsatisfied.
Advise client on timing
Advise the client on likely timeframes — trustee decisions typically take 3-6 months.
When this checklist applies
Use this checklist when acting for a claimant on a super death benefit, whether the claim is straightforward or contested.
Common pitfalls
- Assuming a non-binding nomination is binding on the trustee
- Missing the 28-day AFCA objection deadline
- Weak dependency evidence for adult children
- Overlooking insurance included in the benefit
- Not considering the tax impact of different claim pathways
Run this checklist on a real matter
Quillio drafts super death benefit claims, dependency submissions, and AFCA objections. See /practice-areas/family-lawyers or start a free trial.
This checklist is a general guide. Super death benefits interact with tax and family provision — always obtain specific advice.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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