Are there any time limits?
It is recommended that you act to retrieve these benefits as quickly as possible, with the help of a qualified solicitor, to ensure the super fund pays all relevant entitlements.
It is possible for super fund members to nominate the beneficiary to whom a payment should be made. This can be done in a binding or non-binding way. A binding nomination must be followed by the super fund provided the nomination remains current and valid at the time of death.
Can binding nominations be disputed?
Some binding nominations can be disputed. For example, some funds require the nomination to be made to a dependant, and the definition of dependant will potentially change from fund to fund. An ex-wife who met the definition at the time of the nomination when married to the member may not meet the definition after a divorce or separation.
Similarly, a beneficiary who was not family, but financially dependent on a member at the time of nomination but no longer financially dependent at the time of death, may no longer meet the required definition.
Time limits for disputing death benefits
There are strict time limits that apply to disputing decisions made about the distribution of death benefits, so you should seek urgent advice, especially if you have received notification of a claim decision from the super fund.
What can I do next?
Get in touch with our insurance lawyers
Our specialist superannuation claims lawyers are experts in this area of law and are able to assist you with your super claim effectively and efficiency. If you have a claim, and claim that has been rejected or just simply unsure where to start we can help. Please contact us either by submitting an online enquiry or by calling directly on 13 43 63.