What Happens to Superannuation When You Die?

superannuation death benefit | Dandenong Family Lawyers

When it comes to planning for the future, understanding the intricacies of superannuation death benefits is crucial.

This article delves into the key aspects of superannuation death benefits, offering insights and essential takeaways.

Superannuation doesn’t automatically become part of your estate upon death.

Instead, it’s typically paid out as a ‘superannuation death benefit’ to eligible beneficiaries.

According to the governing rules of the super fund and applicable law, this payment may go to a dependent beneficiary or the trustee of a deceased estate.

πŸ”‘ Key Takeaway: Ensure your superannuation fund has up-to-date beneficiary nominations to control who receives your super death benefits.

Also read: 7 Steps on How to Make a Will

Nominating Beneficiaries for Superannuation Death Benefit

Beneficiaries for superannuation death benefits can include spouses, children, individuals in an interdependent relationship with you, or anyone financially dependent on you at the time of death.

It’s important to understand the types of nominations – binding and non-binding – and their implications.

πŸ”‘ Key Takeaway: Regularly review and update your beneficiary nominations to reflect your current wishes and circumstances.

Also read: Understanding the Basics of Finding a Will

Tax Implications of Superannuation Death Benefits

The tax treatment of superannuation death benefits varies based on whether the beneficiary is a ‘tax dependant’ and whether the benefit is paid as a lump sum or income stream.

For tax dependants, lump-sum death benefits are generally tax-free. However, for non-tax dependants, different tax rates apply to the taxed and untaxed elements of the benefit.

πŸ”‘Β Key Takeaway:Β Understand the tax implications for your beneficiaries to ensure they receive the maximum benefit from your superannuation.

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Superannuation Death Benefits and Estate Planning

Superannuation death benefits do not automatically form part of your estate.

The payment of these benefits depends on the terms of the superannuation fund’s trust deed, relevant legislation, and any valid beneficiary nomination made by the deceased.

In some cases, the superannuation fund may pay the benefits to the deceased’s legal representative.

πŸ”‘ Key Takeaway: Consider how superannuation death benefits fit into your broader estate plan, especially about your will and estate distribution.

Impact of Superannuation on Wills

It is a common misconception that superannuation is automatically included in your will.

In reality, superannuation is held in a trust and is not directly controlled by your will unless specific instructions are given to your super fund.

πŸ”‘ Key Takeaway: Ensure your will and superannuation beneficiary nominations are aligned to avoid unintended distribution of your assets.

The Role of Superannuation Funds in Death Benefits

Superannuation funds play a critical role in determining the payment of death benefits.

They must adhere to the fund’s trust deed and relevant legislation, assessing each case based on the member’s nominations and the fund’s rules.

πŸ”‘ Key Takeaway: Engage with your superannuation fund to understand their specific rules and processes for death benefit payments.

How Superannuation Works

Contributions: Superannuation involves contributions made into a super fund by individuals, their employers, and sometimes by the government. Employers are generally required to contribute a percentage of an employee’s earnings into a superannuation fund. This is known as the Superannuation Guarantee.

Investment: The fund invests the money in your super fund, which typically results in growth over time. Super funds offer a range of investment options, and the returns depend on the type of investment and market performance.

Tax Benefits: Superannuation provides tax benefits to encourage saving for retirement. Contributions and investment earnings in super are taxed at concessional rates, which are generally lower than personal income tax rates.

Accessing Super: Generally, you can access your super when you reach your preservation age and retire. There are also circumstances where you may access super early, such as severe financial hardship or specific medical conditions.



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