Frequently Asked Questions
Q: Can a superannuation benefit be paid into an estate?
There may be an
obligation for the superannuation death benefit to be paid into an estate via a
trust deed, or a binding death benefit nomination. Furthermore, a trustee is
able to exercise their discretion under a trust deed by paying their
entitlements into the estate, and if such a course of action is undertaken and
is not challenged, the benefit will then form part of the estate.
If the superannuation benefit has become part of the estate, then the ordinary family provisions will be applicable.