The Probate & Superannuation / Life Insurance Guide

A question we often get asked is: Does super form part of the estate?.

And the short answer is It depends....

Although superannuation proceeds may not automatically form part of an estate, funds often do pay such proceeds to the deceased member’s estate. This means that superannuation balances and insurance payouts (referred to collectively as “death benefits”) do form part of some estates. Additionally, some Australian jurisdictions allow for the Supreme Court to “claw back” super funds into the estate, despite the decision of the funds to pay the proceeds to specific individuals.

Given the complexities of the laws surrounding superannuation trustee decisions, the policies of individual super funds and the Trust Deeds governing their decision-making, we recommend that you contact one of our specialist will-drafting or probate solicitors for a complimentary discussion about your circumstances.

Frequently Asked Questions about Superannuation, Life Insurance & Estates

We regularly assist executors and administrators in Australia and overseas, to sell or transfer shares to beneficiaries. Contact us today and we can provide you with a combined-quote for obtaining a Grant of Probate, Administration, or Reseal, and to subsequently sell or transfer estate shares.

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