What is the relationship between estates & super?

Australian Capital Territory
New South Wales
Northern Territory
South Australia
Western Australia

Your Super balance 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 your deceased estate.

These moneys are paid in accordance with the Super Fund Trustee's discretion or in accordance with your Binding Death Benefit Nomination (assuming your Super Fund allows these to be made) and that your nomination has been validly made.

As your Super balance can represent a substantial sum, and even if this is not the case your death or permanent incapacity benefit payment could create a substantial sum payable from your Super Fund.

It is extremely important that you contact our legal team to discuss how to maximise the chances that both your deceased estate and your Super Fund balance are distributed according to your wishes, whilst minimising the risk of disputes and litigation over their distribution.


This FAQ was created by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

Important Notice:

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.