Superannuation
death benefit
claims lawyers

What you need to know about super fund death benefits

All superannuation funds have death benefit payments, which are usually made up of contributions as well as any insurance benefits attached to the policy.

Superannuation fund death benefits are paid to a surviving partner, children or dependants, or to the deceased’s estate. The super fund trustee will decide how the payment is distributed, but some funds have existing and binding nominations.

It is also possible for the policy holder themselves to claim, if they have been diagnosed as terminally ill.

How to claim superannuation death benefits

When a member of a superannuation fund dies, the fund must pay the deceased’s death benefit, including an insured lump sum, to the appropriate person. If you were a nominated beneficiary, were dependent on the deceased, or were otherwise in a close personal relationship, you are likely to have a claim for payment.

Death benefit insurance comes with all regulated superannuation schemes, and is available to relieve financial hardship in already troublesome times.

Maurice Blackburn can examine whether you are entitled to death benefits, and ensure you receive your full entitlements from the deceased’s superannuation fund. Once you have contacted our legal team, they will lead you through the entire process.

Why Maurice Blackburn?

Maurice Blackburn's superannuation and insurance claims lawyers are experts in the field. We can help you to gain early access to your funds when you need them the most, and we understand the importance of having someone in your corner when you're taking on a well-resourced insurance company.

We offer 'no win, no fee'* arrangements for these types of cases, which means that you don’t have to pay for our legal services if we don't win. We have superannuation and insurance claims lawyers in Melbourne, Sydney, Brisbane, Perth, Adelaide, Canberra and throughout Australia. Contact us today to receive a free superannuation and insurance check and to find out how we can help.

All you need to know about superannuation insurance

Most superannuation policies have insurance elements which are there to protect you if you can't work for any medical reason. We’ll explain who can make a claim and how the legal process works.

Robert's story - Superannuation claims

'It was a very, very frustrating time and I just didn't know where to turn.'

Frequently Asked Questions

Who can claim super death benefits?

Any dependants of the deceased or their estate.

Who is a dependant?

A legally married spouse, de facto partner, children, financial dependants and inter-dependants.

Can same-sex partners claim?

Yes, same-sex partners qualify as de facto partners.

Who are children of the deceased?

Under most (but not all) funds, children include adult children, step-children and children of same-sex partners.

Who is a financial dependant?

Someone who is wholly or partly reliant on the deceased for financial support.

Is my nomination for my super binding?

Not usually. The trustee will decide who the dependants are, and divide up the super or give it to the deceased's estate via a Will or Letters of Administration.

What is a binding nomination?

Some super funds have binding nominations. The super must be paid to the nominees so long as they are dependants at the date of death or the deceased's Will.

When can I claim?

As soon as possible so that the trustee knows of your interest before paying the money out.

No win, no fee*

Our superannuation claim lawyers are experienced in winning fair compensation for our clients on a no win, no fee basis.

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