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Superannuation after a death

Claiming a death benefit and tax implications

Superannuation does not automatically form part of someone’s estate. Each super fund decides who receives the death benefit — and the rules can surprise families who were expecting it to go through the will. Knowing a few things up front can save months of stress.

Super is not automatically part of the estate

When someone dies, their super balance is paid out as a death benefit — but not through the will. The super fund’s trustee decides who receives it. In most funds, that decision is based on a beneficiary nomination the member made while alive.

Binding vs non-binding nominations

  • Binding nomination — the fund must pay the death benefit to the nominated person(s), as long as the nomination is still valid and to an eligible dependant
  • Non-binding nomination — the fund treats the nomination as a preference but can still exercise discretion
  • No nomination — the trustee decides based on their own assessment of dependants
Binding nominations often lapse after 3 years unless renewed. Check the status of your own — and of the person you’re helping — with each super fund.

Who counts as a “dependant”

Super law has its own definition of dependant, which is narrower than you might think. Eligible dependants generally include:

  • Spouse or de facto partner (including same-sex)
  • Children (including adult children in some cases)
  • Financial dependants — people who relied on the deceased for financial support
  • A person in an interdependency relationship (living together, emotional support, shared finances)

The “legal personal representative” (usually the executor of the estate) is another pathway — the super can be paid to the estate and then distributed under the will.

Tax on death benefits

Death benefits paid to a tax dependant (usually a spouse or minor child) are generally tax-free. Benefits paid to a non-tax dependant (often an adult child) can attract tax on the taxable component — sometimes 15% or more.

This is one of the most important reasons to get independent financial advice before claiming a death benefit, especially on larger accounts.

How to claim

Call each super fund’s bereavement team. They will send you a death benefit claim form and tell you what documents they need (usually a certified copy of the death certificate, ID, and sometimes a statutory declaration). The process typically takes weeks to months.

There is a phone script for calling a super fund.

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General information only — not a substitute for legal, medical, financial, or therapeutic advice. Read the full disclaimer.

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