Will Preparation – Myth 6 – My Superannuation forms part of my estate

by Andrew Lind on 6 July, 12

Not necessarily.

Is there a valid binding death benefit nomination directing that the member death benefit be paid to the personal representatives of the deceased? If not, your  superannuation is not guaranteed to form part of your  estate and the superannuation trustee has a discretion about where the death benefit is paid.

A Binding Death Benefit Nomination is signed much like a Will in the presence of two witnesses and usually have a limited shelf life.  You nominating your spouse on the form when you signed up for your super is usually a non-binding statement of intent only.

It makes sense to speak to one of our Brisbane Estate Planning and Will Making Lawyers who regularly advise on estate Planning matters about not just your Will but also how to ensure that your superannuation ends up in the hands of your intended beneficiary.

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