Superannuation Disputes

It is crucial to note that superannuation does not form part of your Estate when you pass away. 

The only way to successfully ensure that your loved ones are able to access your superannuation upon your death is for you to make a binding death benefit nomination (BDBN). This nomination is done in writing to your superannuation provider, and usually involves filling out the BDBN form provided by your chosen superannuation organisation. 

Whilst superannuation is not an asset of the Estate, it is useful to include a provision in the Will that clearly informs your Executor/s who your superannuation provider is and your wishes surrounding the distribution of your superannuation, to ensure that all assets of your Estate are accounted for in your Will. 

Therefore, it is important to make a binding death benefit nomination when you are Estate Planning. If require assistance to ensure that your loved ones are able to access your superannuation upon your death, contact our experts here at Green & Associates Solicitors on (02) 8080 7585.

Green & Associates Solicitors Experience and Success 

• We have successfully secured release of sizeable superannuation payments to children of the deceased despite the deceased leaving widowed new spouse;
• We had initial decisions overturned by proving spouse of the deceased was violent and the relationship had ended despite continuing co-habitation, increasing the size of the distribution for remaining family members;
• We have won numerous disputes over life insurance policies held inside superannuation;
• We have successfully secured payment of benefits to estate to be dealt with in accordance with the terms of the Will instead of the superannuation fund trustee’s initial decision to make payment to designated persons directly.

We also provide in-house advice to companies on a range of matters, including:

• employment-law issues (i.e. enforcing or dispute a restraint of trade clause for previous or new employees);
• compliance and regulatory issues (i.e. licencing and underquoting breaches)
• criminal matters;
• property matters;
• defamation proceedings; and
• all types of commercial matters (i.e. drafting shareholder agreements).