Why Your Super Might Not Go Where You Think It Will (Even If You Have a Will)
Have you ever assumed your superannuation will automatically follow your will when you’re gone?
The surprise most people don’t see coming
I often meet clients who are confident their will covers everything, only to be shocked when I explain that superannuation usually sits outside their will altogether.
Why this matters more than people realise
For many Australians, super is one of their biggest assets, and getting this wrong can leave loved ones stressed, disappointed, or even in dispute.
Why I’m telling you this
As a lawyer who deals with estate planning every day, I’ve seen perfectly good wills undone by super being overlooked or misunderstood.
How super actually works when you pass away
Your super fund trustee usually decides who receives your super, unless you’ve taken specific steps to legally direct them.
The common assumption that causes problems
Most people assume their will controls their super, but in reality, your will may have no say at all.
Step 1: Check if you have a binding death benefit nomination
I always tell clients to start by checking whether they have a binding nomination in place with their super fund.
Why a binding nomination matters
A valid binding nomination legally tells the trustee who must receive your super, which removes guesswork and reduces the risk of disputes.
Step 2: Make sure your nomination is still valid
Many nominations expire every three years, and an expired nomination can be treated as if it never existed.
Step 3: Check if your beneficiaries are eligible
Not everyone can legally receive super, so naming someone who doesn’t qualify can derail your intentions.
Step 4: Align your super with your overall estate plan
Your will, super nominations, and life circumstances should work together, not contradict each other.
Step 5: Review your super after life changes
Marriage, separation, new children, or loss of a loved one are all reasons to revisit your super arrangements.
The emotional cost of getting this wrong
When super goes to the wrong person, it’s not just a financial issue, it can permanently damage family relationships.
The good news
Fixing this is usually simple, quick, and far less expensive than sorting it out after you’re gone.
If you’re not sure where your super would go tomorrow, now is the right time to check and fix it.
Your will is important, but it doesn’t control everything, and super is a perfect example of why proper planning matters.
DISCLAIMER
This commentary is published by HazeLegal 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://hazelegal.com.au before making any decisions.
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