As a matter of law an entitlement under a superannuation fund (for example, death benefits or life insurance) does not form part of a deceased estate.  However, superannuation trustees may exercise their discretion to pay a deceased’s superannuation death benefits to an estate. Recent Supreme Court decisions in WA have clarified in what circumstances and, perhaps more importantly, at what time an applicant in WA may apply personally for payment

Superannuation Death Benefits: Making a Claim  Superannuation is a system where money is placed in a fund to provide for a person’s retirement. What is a Death Payment and Who can make a Claim? A death payment can consist of the deceased member’s superannuation balance (less any charges and taxes) plus any death cover that they may have had. The Superannuation Industry Supervision Act 1993 (Cth) (SIS Act) provides that

Please note our Perth office is now located at Level 13, 251 Adelaide Terrace, Perth.