Binding death nominations and why you need one

You may be surprised to know your superannuation isn’t counted as an asset in the event of your death. So how do you ensure your super goes to the right hands?

The trustee of the super fund will generally pay a death benefit in accordance with the governing rules of the fund and relevant law. A binding death benefit nomination is a way to override this trustee discretion.

A binding death benefit nomination is a legally binding document that advises the trustee who is to receive your superannuation benefit in the event of your death. For a nomination to be binding, it must be ‘valid’. One of the requirements of validity is that only ‘dependants’ can be nominated. Depending on your circumstances, however, you can nominate one dependant or several dependants. For the purposes of superannuation law, a dependant includes:

• – a spouse (including de facto, opposite and same-sex)
• – children (of any age, including adopted)
• – any person(s) financially dependent on the member
• – any person(s) in an interdependency relationship with the member
• – a legal personal representative

If you would like further advice regarding binding death nominations, give us a call on (08) 8172 9172 or email info@peaksuper.com.au.