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      • Superannuation – Estate Planning
      • Disputing Superannuation
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Disputing Superannuation

superannuation

Like challenging a will, it is possible to challenge decisions made about who receives a person’s superannuation death benefits.  Because of compulsory insurance policies, there is often much more at stake in a person’s superannuation than in their estate.  It is important to act quickly and, because of the different rules that apply to different funds, it is important to know which approach to take.

Challenging a Binding Death Benefit Nomination (BDBN)

Many people will put in place a BDBN as part of a strong estate plan, but if the rules aren’t followed precisely a BDBN will not be as binding as a person intended.

Every superannuation fund has its own rules.  We know how to wade through the legalese and legislation to determine whether every requirement is complied with, and give you the best possible chance of a positive outcome.

Challenging the Trustees’ decision

Many people do not know that unless they have a valid BDBN in place when they die, the Trustees of their superannuation fund will determine where the death benefit is to be paid – it is not dealt with by their will unless the Trustees decide to pay the benefit into the estate.

Close relatives and dependants of someone who has passed away are able to challenge the decision made by a Trustee.  There are different bodies with different rules which oversee different types of funds, so it is important to act quickly and to get advice from experienced solicitors.

Conflicts of Interest

Judgments of the Supreme Courts of Queensland and South Australia in recent years have called into question whether it is appropriate for certain people, like executors or administrators of estates, to apply for the payment of a death benefit personally.  If you want to be sure you are not caught out by this changing area of law, or if you want to ensure you do not miss any opportunity, contact us for up-to-the-minute advice.

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Treloar & Treloar

South Australia’s premier wills, estates and trust law firm.

Established 1923.

Our Advantages

  • High-quality work.
  • At the forefront of changes and of new areas of law and practice.
  • Clear explanations, and solicitors fluent in Greek and Italian (Calabrese).

Contact Us

  • Level 3, 22 Grenfell Street
    Adelaide, South Australia 5000
  • PO Box 3016
    Rundle Mall, SA 5000
  • 08 8231 4757
  • 08 8410 0083
  • [email protected]

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