A Superannuation Family Provision Claim is a complex area of law, with many variables including the type of policy and whether there were any binding nominations made by the deceased.
There are generally two ways in which the payment of superannuation is dealt with on the death of the deceased. The first way is when the deceased directs the Trustee of the Superannuation policy to pay the monies under the policy directly to there Estate. In this way the monies form part of the deceased Estate and are distributed to the beneficiaries in accordance with the Will.
The second way is when the deceased makes a binding nomination on the Superannuation Trustee and the monies payable under the policy are paid directly to the beneficiaries of the will. This has the effect that the money payable does not form part of the Estate and are not available for distribution to beneficiaries of the Will.
If you are in a situation where a major asset of the deceased family member is their superannuation and it does not form part of their will then you need to seek legal advice on what action can be taken to have this money included. The inclusion of superannuation in an estate will increase the value that you may be entitled to receive from a successful Family Provision Claim.
The contesting a will lawyers at GMP are well-versed in this complex area of the law.
If you have an issue with the distribution of the deceased’s superannuation then you need to speak to our lawyers as soon as possible.
Please conact our exper legal team on 1800 004 878 so that we can arrange an appointment at an office convenient to you on a No Win No Fee basis supported by our Unique Service Guarantee.