A binding death benefit nomination is one of the most important steps in ensuring your superannuation is distributed in line with your wishes. Without a valid binding death benefit nomination, the trustee of your super fund may decide who receives your benefits.
Our binding death benefit nomination lawyers prepare clear, compliant nominations that give you certainty over who receives your super after you pass away.
A binding death benefit nomination is a direction you give to your super fund trustee about who should receive your superannuation death benefit when you pass away.
If the nomination is valid and in place at the time of your death, the trustee is generally required to follow it. This provides a higher level of certainty compared to leaving the decision to the trustee.
You can generally nominate your legal personal representative or eligible dependants, such as a spouse, children or someone financially dependent on you.
The rules can vary depending on your super fund and relevant legislation. It is important that the nomination is made correctly to ensure it is valid and enforceable.
A non-binding nomination is simply a preference expressed to the trustee. The trustee may consider it, but is not required to follow it.
A binding death benefit nomination, if valid, directs the trustee to pay your super to the nominated beneficiaries. This provides greater certainty and reduces the risk of disputes.
Some binding death benefit nominations expire after a set period, often three years, unless they are renewed.
However, certain super funds allow non-lapsing nominations that remain in place indefinitely. We help you understand the rules that apply to your fund and ensure your nomination remains effective.
Without a valid binding death benefit nomination, the trustee has discretion over who receives your superannuation.
This can lead to delays, uncertainty or outcomes that do not reflect your wishes. It may also increase the risk of disputes between potential beneficiaries.
A binding death benefit nomination ensures your superannuation is distributed in accordance with your wishes, rather than being left to trustee discretion. It provides certainty, reduces risk and supports your overall estate planning strategy.
Ensures your super is paid to the beneficiaries you choose, reducing uncertainty and potential disputes.
Allows you to direct how your superannuation death benefit is distributed.
Helps avoid delays by giving the trustee clear instructions to follow.
Ensures your superannuation arrangements align with your broader estate plan.
We’re here to protect your superannuation
Our lawyers help you put in place a valid and effective binding death benefit nomination so your super is distributed in line with your wishes.
Superannuation is often one of the largest assets in an estate, and getting the nomination right is critical. We provide practical advice and carefully prepared documents to ensure your nomination is valid and effective.
We consider your super fund, beneficiaries and broader estate plan to ensure your nomination is properly structured and effective.
We explain the rules in plain English, including eligibility requirements and how to keep your nomination valid.
We identify common pitfalls, including invalid nominations and lapsing issues, and help you avoid them.
We provide fixed-fee pricing and clear explanations upfront, so you know exactly what to expect.
