In general, superannuation does not form part of a deceased’s estate. This means that in most cases, it is not paid to the estate unless the deceased person made a valid binding nomination to his or her estate.
A nomination to your estate is usually made to your “legal personal representative”. Please be aware that binding nominations usually expire after a period of three years unless renewed.
Another interesting fact regarding Superannuation and life insurance, is that it cannot be used to pay estate debt and liabilities – section 205 of the Life Insurance Act 1995 (Cth). Superannuation and life insurance are “protected assets”.
If you would like to find out more information regarding this topic, feel free to give Turnbull Hill Lawyers a call.
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