Macrossans Lawyers Brisbane law firm

When finalising a Will and other testamentary matters, attention should be paid to the payment of death benefits from superannuation funds.

These death benefits do not form part of the deceased member’s estate and can generally only be paid to dependants and/or the legal personal representative of the deceased – as determined at the date of death and by the terms of the relevant trust deed.

When nominating beneficiaries for death benefits for a superannuation fund, the member should check whether the trust deed provides for binding or non-binding nominations.

• If nominations are non-binding, the trustee will take any nominated beneficiaries into account but is not bound to follow these instructions.
• If nominations are binding, the trustee must pay benefits to the nominated beneficiaries, provided they are valid (i.e are dependents and are updated every three years).

For further please contact Paul de Silva on (07) 3292  9720 or This Email address is being protected from spam bots, you need JavaScript enabled to view it .