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Super and estate planning

Super not part of an estate

Section: 14.2

Super does not automatically form part of a person's estate. A member can, however, elect to include their super death benefit in their estate by completing a binding death benefit nomination in favour of their legal personal representative (LPR). In this way, the member can provide for the distribution of their super death benefit in accordance with their Will.

Alternatively, and in the absence of any binding nomination, the trustee of a super fund may exercise their discretion and pay a super death benefit to an eligible dependant or the member's LPR. Where paid to the LPR, the super death benefit will be paid in accordance with the deceased member's will or intestacy rules (if no will exists).

Refer to section 14.7 for further information on the options available to members who do not wish their super death benefit to form part of their estate.

Last modified: Wednesday, July 24, 2019