Superannuation & TPD Claims
Superannuation Death Benefit Claims — Get the Outcome Your Family Deserves
When a loved one passes away, their superannuation death benefit should flow to the right people — but trustees, competing claims, and disputed nominations can delay or block payment entirely. We connect families with specialist superannuation lawyers who can cut through the complexity and fight for a fair outcome.
⚠ Death benefit disputes must be lodged with AFCA within strict time limits — submit your request now.
Does This Sound Like You?
Common situations we help with.
Family member died and the death benefit is disputed
A loved one passed away with significant superannuation savings, but the fund trustee has indicated the death benefit is disputed or under review. The family is left waiting with no clear timeline. A specialist lawyer can apply pressure and help navigate the trustee's decision-making process under the Superannuation Industry (Supervision) Act 1993.
Trustee refusing to pay the death benefit to a dependant
The super fund has declined to pay the death benefit to a surviving spouse, child, or other dependant, citing reasons you don't understand or disagree with. Under SIS Act provisions, trustees have discretion — but that discretion must be exercised properly and fairly. Legal advice can clarify whether the trustee's decision can be challenged.
Competing claims from a de facto partner and legal spouse
Where a deceased member had both a legal spouse and a de facto partner, the trustee faces the difficult task of determining who is a genuine dependant. Both parties may lodge competing claims, leading to a drawn-out trustee investigation. Getting legal representation early can ensure your position is properly presented and documented.
Adult children versus surviving spouse dispute
Disputes between a surviving spouse and adult children from a prior relationship are among the most common death benefit conflicts. The trustee must assess financial interdependency and genuine dependency for each claimant. A lawyer can help you build the strongest possible evidence to support your claim to the benefit.
Binding death benefit nomination being challenged
A binding death benefit nomination (BDBN) was meant to direct the super to a specific person, but another party is arguing the nomination was invalid, out of date, or signed without proper capacity. These challenges can succeed or fail on technical grounds. Legal advice can help you understand your position — whether you are defending or challenging the nomination.
Fund delaying payment of a death benefit without explanation
The super fund has acknowledged the death benefit claim but payment has been delayed for months — sometimes over a year — without a clear reason. Trustees are expected to act with due diligence and within reasonable timeframes. A lawyer can write to the fund and, if necessary, lodge a complaint with AFCA to force a resolution.
How It Works
Three simple steps to connect with a death benefits lawyer
You don't need to navigate trustee decisions and SIS Act provisions on your own. Our process makes it easy to get expert legal help without any upfront cost.
Submit Your Death Benefits RequestSubmit your request
Complete the short form with details about the deceased member, the fund, and the nature of the dispute. This takes about two minutes.
Matched to a specialist lawyer
We match your request to an experienced superannuation lawyer in your state who handles death benefit claims and trustee disputes.
Free consultation — understand your options
The lawyer contacts you for a no-obligation consultation to explain your rights, the likely process, and what a successful outcome looks like.
$000s–$000,000s
Death benefit amounts commonly disputed — getting the right advice early can be the difference between winning and losing
All 8 States
Requests matched to specialist lawyers across every state and territory in Australia
Free
Initial consultation — understand your rights and options before committing to any action
AFCA + Court
Lawyers experienced in both AFCA complaints and Supreme Court trustee challenges for death benefit matters
Before You Claim
Practical questions about superannuation death benefits.
Who can receive a superannuation death benefit — dependants or the estate? +
Under the Superannuation Industry (Supervision) Act 1993, a death benefit must be paid to one or more of the member's dependants or to the legal personal representative (the estate). Dependants include a spouse (including de facto), a child of any age, a person in an interdependency relationship with the deceased, or any person who was financially dependent on the member. If there are no eligible dependants, the benefit must be paid to the estate. Trustees exercise discretion in deciding how to distribute among multiple dependants unless a valid binding death benefit nomination exists.
What is the difference between a binding and non-binding death benefit nomination? +
A binding death benefit nomination (BDBN) legally directs the trustee to pay the benefit to the nominated person(s), removing the trustee's discretion — provided the nomination is valid, current, and the nominated person is an eligible dependant or the legal personal representative. Most BDBNs lapse after three years unless the fund's trust deed allows non-lapsing nominations. A non-binding nomination is merely a guide — the trustee can override it based on the circumstances. A lawyer can advise whether a BDBN is legally enforceable in your situation.
How much discretion does a trustee have in deciding who receives a death benefit? +
Where there is no valid binding nomination, the trustee has broad discretion to decide which dependants receive the benefit and in what proportions. However, this discretion is not unlimited — it must be exercised in good faith, for a proper purpose, and based on all relevant information. Trustees are required to conduct genuine inquiries, consider all potential dependants, and give reasons for their decision. A trustee who fails to properly investigate or who makes a decision that no reasonable trustee could reach may have their decision challenged through AFCA or the courts.
Can I complain to AFCA about a death benefit decision? +
Yes. The Australian Financial Complaints Authority (AFCA) can review trustee decisions about superannuation death benefits. AFCA can consider whether the trustee's decision was fair and reasonable in all the circumstances, and can substitute its own decision for that of the trustee. A complaint to AFCA must generally be lodged within two years of the date of the trustee's written decision. AFCA is a free service for complainants, and many death benefit disputes are resolved at this level without the need to go to court.
How do I challenge a trustee's decision to pay the death benefit to someone else? +
If the trustee has issued a written decision to pay the death benefit to another person, you can first request the trustee's full reasons and the materials they relied on. You can then lodge an internal complaint with the fund, followed by an AFCA complaint if unresolved. AFCA can set aside a trustee's decision and direct a different outcome. In serious cases — particularly involving trustee fraud or a fundamental legal error — the matter can be taken to the Supreme Court. Acting quickly is critical because time limits apply at each stage.
Are there time limits for making a death benefit claim or complaint? +
Time limits vary depending on the stage of your claim. Most super funds expect a claim to be lodged within a reasonable time after the member's death. For AFCA complaints, you must generally lodge within two years of the trustee's written decision. For court proceedings challenging a trustee decision, shorter limitation periods may apply depending on the state and the basis of the claim. Seeking legal advice as early as possible is strongly recommended to avoid losing your right to a remedy.
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