Lack of a will makes Super payout murky

GOT a legal query? Here’s the place to get an answer from the experts. Send in your questions here.

GOT a legal query? Here’s the place to get an answer from the experts.

Below, Brydens addresses a Public Defender reader’s question about Super funds.

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Daniel asks: My father passed away. He was broke. His Super fund is going to pay out insurance. My mum is the account trustee. My mum kicked my dad out and got engaged to another man. Will my brother and I get the insurance payout or will my mother? He didn’t leave a will.

Answer: Generally the total amount of money or “death benefit” includes super plus any life insurance.

Some super funds have a binding nomination that leaves the trustee with no choice as to who gets the death benefit. It will be paid to the nominated beneficiary. Others have a non-binding nomination which guides the trustee on who will get the benefit. However, the trustee still has the final say.

We recommend that you contact your father’s fund.

THIS legal information is general in nature and should not be regarded as specific legal advice by Brydens Lawyers or be relied upon. Persons requiring particular legal advice should consult a solicitor.