The Secret to a Perfect Super Death Nomination Is Easier Than You Think

Did you know your superannuation might not automatically go to who you think when you pass away? Many Australians assume their Will covers everything, but that’s not always the case. In this post, you’ll learn how your super, pension, and Will actually work together, and the simple secret to making sure your super ends up exactly where you want it to go.

When most people think about their estate, they imagine their Will taking care of everything — the house, the bank accounts, the savings, even the super. But here’s the thing: your superannuation doesn’t automatically form part of your estate.

I often see clients shocked when they realise that their super fund — not their Will — decides where their money goes after they pass away. If there’s no valid death benefit nomination in place, the fund trustee gets the final say. And that’s where things can go wrong.

Let’s talk about how you can avoid that.

What happens to your super when you die?

Your superannuation balance (and any life insurance attached to it) doesn’t automatically go to your estate. The super fund holds it in trust until it decides who gets it. This means your money could go to someone you didn’t intend — like an ex-partner or estranged family member — simply because the right paperwork wasn’t done.

Binding vs. Non-binding nominations

The key to controlling your super after death is a death benefit nomination.

A binding nomination tells your fund exactly who to pay. It’s legally enforceable as long as it’s valid and up to date (most expire after three years unless you have a “non-lapsing” one).

A non-binding nomination, on the other hand, is just a suggestion. The trustee can still override it.

So, the “secret” to the perfect super death nomination? Make it binding, current, and aligned with your Will.

How super, pensions, and Wills work together

Your super and pension are separate from your Will — but they can work hand in hand. The goal is to make sure everything flows smoothly and consistently.

If you nominate your estate as the beneficiary of your super, the money will go into your estate and be distributed under your Will. That’s great if you have a solid estate plan in place.

But if you want the funds to go directly to a spouse, child, or dependent (without going through probate), you can name them directly on your super form.

The trick is to get advice that ties all three together — your super, your pension, and your Will — so there’s no confusion, tax issue, or dispute later.

Common mistakes people make

I see people make the same few mistakes over and over again:

• Forgetting to update their nomination after a divorce or new relationship.

• Not realising their nomination has expired.

• Assuming their Will covers their super (it doesn’t, unless nominated properly).

• Naming someone who doesn’t qualify under super law.

• Not getting tax advice as to minimize your tax liabilities to you or your beneficiaries.

These small oversights can cause big headaches — or worse, legal battles among family members.

The easy fix

The good news? Sorting it out is easier than you think.

All you need is:

1. A valid and up-to-date binding death nomination.

2. A Will that complements your nomination.

3. Professional advice to make sure everything fits together.

Once you’ve done that, you’ll have peace of mind knowing your money will go exactly where you want — no surprises, no delays, and no drama.

You could also include an equalisation clause in your Will, properly drafted by a lawyer to equalize distributions from your estate to take into account any distributions that your Super may have made so that yu achieve the same overall outcome with the sharing of your estate amongst your beneficiaries.

It only takes a small amount of planning to prevent big problems later. Make sure your Will, super, and pension all work together. If you’re unsure where to start, reach out to us at HazeLegal — we’ll make the process clear and stress-free.

DISCLAIMER

HazeLegal works closely with our sister company, WebWills, to bring you these resources.

© HazeLegal, Australia 2025.

7 Meaningful Ways to Protect Step kids in Your Will

Do you have a blended family and worry about how to fairly provide for your stepchildren in your Will?

Blended families can make estate planning a little more complex — but with the right strategies, you can ensure that everyone you love is treated fairly and protected.

In this post, you’ll discover seven practical ways to include and protect your stepchildren in your Will while keeping family harmony intact.

When it comes to family, love isn’t defined by blood, and in blended families, that truth rings even louder.

But when it comes to Wills and estates, the law doesn’t always automatically see things the same way you do.

As a lawyer, I’ve seen how easily good intentions can turn into conflict when stepchildren are left out or when the wording in a Will isn’t clear.

That’s why I always tell my clients: if you love them like your own, protect them like your own, especially in your estate plan.

Let’s talk about seven meaningful ways to make sure your stepchildren are protected and treated fairly.

1. Make Your Intentions Crystal Clear

The first step is to be absolutely clear about who you want to benefit from your estate.

Stepchildren don’t automatically have the same inheritance rights as biological or adopted children, but they might depending on the circumstances.

So, if you want your stepchildren to inherit, you need to name them directly in your Will.

Don’t assume that your spouse or other family members will “just know” what you meant, clarity avoids confusion, arguments, and heartbreak later on.

2. Review and Update Your Will Regularly

Life changes — people remarry, kids grow up, and relationships shift.

What made sense five years ago might not reflect your wishes today.

Reviewing your Will every few years (or after major life events) helps make sure your stepchildren are still properly included.

It’s one of the simplest yet most powerful ways to keep your estate plan relevant and fair.

3. Consider Setting Up a Testamentary Trust

If you’re worried about fairness or about how assets will be used after your passing, a testamentary trust can be a wise move.

This type of trust allows you to provide for both your spouse and your children, including stepchildren, while protecting assets from being mismanaged or claimed too soon.
It gives flexibility and control, especially for complex family situations, or where your beneficiaries have special needs, or you want to ensure your assets and wealth is passed down the generations.

4. Communicate with Your Family

Talking about inheritance can feel awkward, but silence often leads to misunderstandings.

I always encourage clients to have open conversations with their partners and children (both biological and step).

When everyone understands your intentions, it helps reduce the risk of disputes later.

A clear conversation today can save your family from years of conflict down the line.

5. Balance Fairness with Practicality

Fairness doesn’t always mean equality.

Sometimes, one child may have greater financial needs than another, or you might want to ensure your spouse is supported before your estate is shared further.

The key is to find a balance that reflects your values and the realities of your family’s situation.

We can help you structure your Will in a way that’s both compassionate and legally sound.

6. Think About Life Insurance or Superannuation Nominations

Many people forget that superannuation and life insurance don’t automatically fall under your Will.

You can make binding nominations that direct who will receive those benefits.

This can be a powerful way to provide for stepchildren directly and complement what you’ve written in your Will.

7. Get Professional Advice Early

Every blended family is unique — and so is every estate plan.

Seeking professional advice helps you avoid costly mistakes and ensures your Will reflects your true wishes.

A bit of planning now can prevent legal battles and emotional stress for your family later.

At the end of the day, estate planning is about love — not just law.

By taking these steps, you can create a Will that truly reflects your heart and keeps peace in your blended family.

If you need guidance on where to start, reach out to us at HazeLegal. We’re here to make it easier for you.

New Family Law Changes from June 2025: What It Means for Separating Couples

Starting 10 June 2025, changes to Australia’s Family Law Act 1975 have come into effect. These amendments impact how property and finances are handled after separation. Key updates include recognising the economic impact of family violence, clearer rules about who keeps the family pet, and stricter disclosure duties. These changes apply to most separating couples—whether you’re going to court or negotiating privately.

New Family Law Changes from June 2025:

What It Means for Separating Couples

Big Changes Are Here – And They Could Affect You

If you’ve recently separated or are thinking about it, you might be wondering what happens to your home, your money or even your dog. Well, some major updates just came into force that could impact how all that gets sorted.

From 10 June 2025, new rules under the Family Law Amendment Act 2024 change how property settlements work in Australia. Whether you’re already in the middle of the process or just starting, here’s what you need to know.

What’s Changed?

1. Economic Impact of Family Violence Now Counts

If one person controlled all the money or stopped the other from working, that behaviour now matters in property settlements. Courts must look at how family violence has affected someone financially not just physically or emotionally. This includes economic abuse, like withholding money or limiting access to joint finances.

It gives a stronger voice to people who’ve been financially disadvantaged in a relationship and makes sure that’s recognised when dividing up assets.

2. New Pet Provisions – Yes, Even the Dog Matters

Pets are part of the family too, and the law now says so. Courts now have to consider who is more attached to the pet (or who the kids are more attached to), and if the pet was used to control or threaten someone.

But here’s the catch: the court won’t order shared custody for pets. They’ll make decisions about who keeps them, based on a new set of rules that apply just to companion animals.

3. Clearer Property Settlement Steps

The law now sets out a clearer process for working out who gets what. Whether you're in court or negotiating privately, the following steps apply:

·       First, identify all assets and debts

·       Then, consider both parties' contributions to the relationship—financial and otherwise

·       Next, look at each person's current and future needs

·       Finally, check if the proposed outcome is fair

If you’re doing a property settlement outside of court, it’s best to follow this structure as well.

4. Financial Disclosure Is Now Law

Separating couples already had to be honest about their financial situation—but now this duty is officially part of the Family Law Act. That means:

·       You must share all relevant financial info with your ex (and the court, if needed)

·       You must keep this information updated

·       You could face penalties—like cost orders or even contempt charges—if you don’t comply

This makes the disclosure process more transparent and enforceable.

Who Do These Changes Apply To?

These changes apply to all separating couples who are dealing with property and financial matters, whether they:

• Are just starting separation discussions

• Are negotiating outside of court

• Are already in court, unless the final hearing has started

If you already have a final property order in place, nothing changes for you.

What About Child Support?

Child support is not covered by these changes. It’s handled separately by Services Australia through a different process.

Need Help Navigating the New Rules?

Separating is already an emotional process. Add legal changes into the mix, and it can feel overwhelming. That’s where we come in.

At WebWills, we can help you understand your rights under the new law, guide you through property settlements, and make sure you're treated fairly whether you're in court or settling things privately.

If you have questions about how these changes might affect you, we're here at WebWills to help.

DISCLAIMER

This commentary is published by WebWills for general information only—it’s not legal advice. If you have questions or need advice for your specific situation, we recommend speaking to a lawyer or reaching out to us at http://webwills.com.au before making any decisions.

© WebWills, Australia 2025.

Most Moving Music to Play at Your Funeral

Planning your own funeral may feel unusual, but selecting the right music can leave a lasting impact on your loved ones. Music has the power to evoke memories and emotions, making it a crucial part of the farewell. Here are some suggestions for the most moving music to consider for your funeral.

1. "Amazing Grace" by Various Artists

"Amazing Grace" is a timeless hymn that offers comfort and hope. Its soothing melody and profound lyrics resonate with many, making it a popular choice for funerals.

2. "Time to Say Goodbye" by Andrea Bocelli and Sarah Brightman

This powerful duet speaks of farewell and hope, making it a beautiful and emotional addition to any funeral service.

3. "Somewhere Over the Rainbow" by Israel Kamakawiwo'ole

This rendition of the classic song brings a sense of peace and optimism, reminding us of the beauty beyond life's struggles.

4. "Ave Maria" by Franz Schubert

"Ave Maria" is a classical piece that brings a sense of serenity and reverence, often chosen for its calming and spiritual qualities.

5. "My Way" by Frank Sinatra

For those who lived life on their terms, "My Way" is a fitting tribute. Its reflective lyrics and iconic melody celebrate a life well-lived.

6. "Hallelujah" by Leonard Cohen (Jeff Buckley version)

"Hallelujah" is a poignant song that captures a range of emotions. The Jeff Buckley version is particularly moving, making it a heartfelt choice for funerals.

7. "Canon in D" by Johann Pachelbel

This classical piece is often associated with weddings but also serves as a beautiful and uplifting choice for funerals, symbolizing continuity and peace.

8. "Wind Beneath My Wings" by Bette Midler

This song honors those who have supported and uplifted us, making it a touching tribute to loved ones left behind.

9. "Tears in Heaven" by Eric Clapton

Written by Clapton after a personal tragedy, "Tears in Heaven" speaks to loss and the hope of reunion, making it a deeply emotional choice.

10. "You Raise Me Up" by Josh Groban

"You Raise Me Up" is a powerful song that celebrates the strength we gain from our loved ones, offering comfort and inspiration.

Planning a funeral can be a challenging time, but choosing meaningful music can help create a memorable and moving service. Let WebWills assist you in making these important decisions. Call us at (03) 9028 7603 or email info@webwills.com.au for assistance in planning your funeral or other estate matters.

Disclaimer:

The music choices listed are suggestions and should be selected based on personal preference and the deceased's wishes. HazeLegal does not endorse any specific songs but provides these recommendations to assist in the planning process.

© HazeLegal, Australia 2024.

Protecting Elderly Loved Ones: Six Tips to Prevent Abuse in Care

The movie "The Father" really hits home about the tough times elderly folks and their families go through, especially when dealing with dementia.

Here at WebWills, we see a lot of similar situations where older parents need help, and their kids are trying to figure out the best way to take care of them and manage their money. But sometimes, things get messy, and disagreements pop up, taking away from what matters – making sure our elders are safe and happy.

In this article, we'll chat about six simple ways to keep elder abuse at bay and make sure looking after our elderly relatives is smooth sailing.

1. Address Legal Matters Early

Ensure elderly relatives have a power of attorney in place while they still possess decision-making capacity. Addressing legalities early prevents complications and potential disputes in the future.

2. Effective Management by Attorneys

Attorneys appointed under a power of attorney must manage the principal's affairs diligently and in their best interests. Regular management and communication are essential to prevent mismanagement.

3. Respect Inheritance Timing

Avoid pressuring elderly relatives for early access to inheritance funds. Such requests may strain relationships and jeopardize the elderly person's financial security.

4. Seek Legal Guidance

Consult with a lawyer to mediate disputes and find mutually beneficial solutions among family members. Legal assistance can prevent conflicts from escalating and safeguard the elder's interests.

5. Explore VCAT Options

If disputes persist, consider applying to the Victorian Civil & Administrative Tribunal (VCAT) for intervention. VCAT can appoint new administrators or guardians, request financial information, or address concerns about attorney misconduct.

6. Prioritize Communication

Maintain open communication channels among family members to address concerns and clarify expectations regarding the elderly relative's care and finances. Effective communication fosters understanding and prevents misunderstandings.

Taking care of elderly relatives can be challenging, but with careful planning and communication, families can ensure their well-being while avoiding elder abuse. Remember, HazeLegal is here to help if you have any questions or need assistance. Feel free to reach out to us anytime.

DISCLAIMER

This is a commentary published by WebWillls for general information purposes only. This is not meant to be taken as particular advice. You should seek your own legal and other advice for any question, or any specific situation or proposal, or get in touch with the writer at http://webwills.com.au before making any final decision. The content also is subject to change. A person listed may not be admitted as a lawyer in all States and Territories.

© WebWillls, Australia 2024.