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Superannuation Claims

Superannuation is not covered in a will. We can ensure you receive your full entitlements from the superannuation fund.

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Why you need a family lawyer for superannuation claims

Financial Assets

Helping you deal with superannuation funds

We have expert knowledge on the policies and criteria that must be satisfied, which differ between each superannuation fund. If you need assistance regarding your superannuation needs, whether it be dispersing a loved one’s superannuation after their passing, or instigating a binding death nomination, we can help.

Timely Legal Services

Assisting you in making a superannuation claim

Superannuation is not covered by an individual’s will; so you must claim deceased superannuation benefits separately from the will. We can help you understand the requirements for making a superannuation claim. Our lawyers will guide you every step of the way so you reach a conclusion that is fair and right for you.

Dispute Resolution

Ensuring you receive your full entitlements

We can discern what you are entitled to and ensure you receive your full entitlements from the deceased’s superannuation fund. We can also help you gain access to your funds early to prevent any unnecessary time delays.

Frequently asked questions

Superannuation is a compulsory, regular payment made by an employer to an employee that is set aside in a super fund to support the employee in retirement. After an individual passes away, their superannuation funds can often contain several hundred thousand dollars, particularly if the individual remained at work at the time they passed away.
An individual’s superannuation fund is not considered part of their estate.
Superannuation generally cannot be included in your will. Your will only covers assets that are personally owned such as a house, car, savings or heirlooms. Superannuation is held in a trust by a trustee, and is therefore governed by different laws.
If you are an executor of a will or the family member of a deceased person with a superannuation fund, you have the right to contact the deceased’s super fund to find out if you are eligible to receive any payment. The steps for claiming deceased superannuation death benefits are:

1. Contacting the super fund and explaining your situation.
2. You will be assigned a case manager who will determine your eligibility.
3. If you claim is eligible, you case manager will send you forms to fill out.
4. The trustee will assess your application.
5. A decision is made and any individual who made a claim will be notified.
6. When any objections have been dealt with, the deceased superannuation will be distributed.
A binding death nomination is a legally binding nomination that allows an individual to advise a trustee on who is going to receive their superannuation benefit if they pass away. Binding death nominations ensure the nominated beneficiary receives the payment intended for them.
You can change or revoke your binding death nomination whenever you want. To change the binding death nomination, you must create a new nomination form and provide it to the trustee. You must also provide written notice to your trustee if you wish to revoke your existing binding death nomination.
Death benefits are the amount of money an insurance company will pay upon the death of an insured individual to their chosen beneficiaries.

Why choose us

We will tell you the truth at all times

We will be honest with you about your prospects of success, issues that arise or the commercial viability of your matter. The first time you come to see us, we will tell you whether you even need a lawyer.

We will respect you and your situation

Our job is not to judge anything you may have done. Our job is to guide your matter and actions moving forward to give you the best possible outcome for you, both legally and personally.

We will listen and understand your needs

We will hear not just what you want to achieve, but why you want to achieve it. We will tell you what you need to do to achieve the outcome you are after, legally, practically and emotionally.

We will stand by you all the way

Your matter doesn’t finish once a court order has been made. We will stay on your matter right up until all of the outstanding issues have been dealt with and the court orders are complied with.

We can help you through all aspects of superannuation claims

Forge Legal’s family lawyers are specialists in all areas of family law and can assist you with all legal matters of superannuation claims.

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