A deceased person's Super Fund balances and any associated benefits (such as a death or permanent incapacity benefit) payable from an insurance policy held by your Super Fund do not ordinarily form part of the deceased's estate.
These moneys are paid in accordance with the Super Fund Trustee's discretion or in accordance with your Binding Death Benefit Nomination (assuming the Super Fund/s allows these to be made) and whether the deceased's nomination/s were validly made.
As Super balances can be substantial, and even if this is not the case death or permanent incapacity benefit payments could create a substantial sum payable from the Super Fund/s.
It is extremely important that you contact our legal team to discuss how to search for any unknown or lost Super Fund balances.
As at 2021, there is more than $20 Billion held or reported to the ATO as Lost Super.
Reuniting Australians with their super – a new law to protect superannuation savings started from 1 July 2019.
Super providers are required to report and pay unclaimed super and inactive low-balance accounts to the ATO.
You can search for lost super:
The following are some of the reasons unclaimed monies are paid to the ATO:
🧩 Member 65 years old or older;
🧩 Non-member spouse; or
🧩 Deceased member.
🔎 You can ask a known preferred super fund to conduct a free search on your behalf; or you can
🔎 Use a free online service.
This FAQ was created by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
This FAQ is intended for general interest + information only.
It is not legal advice, nor should it be relied upon or used as such.
We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.