I am writing this with deep appreciation and gratitude for the care, patience, and dedication you showed while helping us win my wife’s case. For so long, we felt overwhelmed, unheard, and discouraged. Vanessa, thank you for your tireless work and support.
Super and insurance may be payable after a person passes away
Death Benefit Claims Through Super
When someone dies, their superannuation and any attached insurance may be paid as a death benefit. This can include the person’s super balance and any life insurance (death cover) held within their super. However, death benefits are not automatically paid to a specific person. The process is governed by superannuation law, fund rules, and trustee decisions.
Trustee
decides who receives the benefit
Am I eligible?
This may apply to you if…
If any of the following applies to your situation, we can help you understand your entitlements and navigate the claims process.
You are a spouse, de facto partner, child, or financial dependant of someone who has passed away
The deceased held one or more superannuation accounts in Australia
You believe there may be life insurance held within their super fund
You’re unsure who is entitled to the benefit or how it should be distributed
Why Claimsplus
Why people choose Claimsplus for death benefit claims through super
No win
No fee unless we recover a benefit
All funds
Every super account located
Disputes
Contested claims represented
Tax
Dependant tax position explained
Understanding your claim
What is a death benefit?
A death benefit is the payment of superannuation and/or insurance following a member’s death. It may include two components:
- Superannuation balance — the total accumulated super at the time of death
- Insurance benefit — if the member had life insurance through super, an additional lump sum may be payable
The total benefit can be substantial depending on the level of cover. However, who actually receives the money is one of the most misunderstood areas of superannuation law. A death benefit is generally paid to dependants under superannuation law or to the member’s legal personal representative (the estate). The final decision is often made by the super fund trustee, unless a valid binding nomination exists.
Dependants may include a spouse or de facto partner, children (including adult children in some contexts), financial dependants, and individuals in an interdependency relationship. Super death benefits are not automatically paid to the person named in a will. Superannuation is not automatically part of the estate unless the trustee pays it there.
Eligibility
Who qualifies?
You are a spouse, de facto partner, or someone in an interdependency relationship with the deceased
You are a child of the deceased (including adult children, in some contexts)
You were financially dependent on the deceased at the time of death
You are the executor or administrator of the deceased’s estate
The deceased held superannuation in Australia at the time of death
Family situations are complex. Even if you’re unsure whether you qualify as a dependant under superannuation law, contact us for a confidential, no-obligation discussion.
The process
How it works
01
Notification of death
The super fund is notified and documentation is requested. We help you identify all super accounts held by the deceased, including old funds from previous employers.
02
Identify beneficiaries
The fund reviews any binding or non-binding nominations, identifies dependants under superannuation law, and considers estate details.
03
Gather evidence
We help compile death certificate, proof of relationship, financial dependency evidence, estate documents, and any other material required by the trustee.
04
Trustee assessment & payment
The trustee determines who is entitled and how the benefit is distributed. If there is a dispute, we can represent your interests through the fund’s process, AFCA, or the courts.
Common concerns
Questions people ask before they start
Losing someone is hard enough. Here are answers to the concerns families raise most.
“I don’t know where the deceased’s super accounts are”
We locate all superannuation accounts held by the deceased — including old funds from previous employers. Many people have multiple accounts they’ve forgotten about, each potentially containing life insurance.
“There’s a dispute between family members over the benefit”
Benefit disputes are common, especially when there is no binding death benefit nomination. We can represent your interests in the trustee’s decision-making process and escalate to AFCA or the courts if needed.
“I don’t have the energy to deal with paperwork right now”
We handle the entire process on your behalf — gathering documentation, communicating with funds, and managing all deadlines. You don’t need to do anything except provide basic information to get started.
“I’m not sure I’m eligible as a beneficiary”
Eligible beneficiaries include spouses, de facto partners, children, financial dependants, and estate representatives. Even if your relationship is complicated, we’ll advise you on your entitlements.
Client stories
What our clients say
Thank you Claimsplus Lawyers for your professionalism and understanding relating to our claim. Having support assisting in getting relevant documentation in place to make it happen. We would be proud to highly recommend Claimsplus team. Once again thank you — you have changed our lives.
Holly and her team went above and beyond what I expected. I was kept in the loop about my case and their understanding and commitment to getting things done right was second to none.
Common questions
Death Benefit Claims Through Super — Frequently asked questions
A death benefit is generally paid to dependants under superannuation law (spouse, de facto partner, children, financial dependants, interdependency relationships) or to the member’s legal personal representative (estate). The final decision is made by the super fund trustee unless a valid binding nomination directs payment to specific people.
A binding nomination, if valid and current, directs the trustee to pay the benefit to the nominated person or persons. A non-binding nomination acts only as a guide — the trustee retains full discretion. If there is no nomination at all, the trustee decides who receives the benefit, which can lead to delays or disputes.
No. Tax treatment depends on who receives the benefit. Payments to tax dependants (generally spouse, de facto partner, minor children, and certain financial dependants) are often tax-free. Payments to non-tax dependants — most commonly independent adult children — may be taxed on the taxable component at different rates. The distinction between ‘tax dependant’ and ‘non-tax dependant’ is critical and is one of the most misunderstood areas of death benefit claims.
Adult children may qualify as dependants under superannuation law, but this depends on the circumstances — including whether they were financially dependent on the deceased. Even where they are eligible to receive a benefit, adult children who are not tax dependants may face tax on the taxable component. The trustee’s discretion plays a significant role where there is no binding nomination.
Disputes between partners, former partners, children, stepchildren, and the estate are common — especially where there is no valid binding nomination. The trustee must assess competing claims by reviewing family relationships, financial dependency, and other relevant factors. If you disagree with the trustee’s decision, it can be challenged through AFCA or the courts.
Not necessarily. Superannuation is not automatically part of the estate. The trustee decides who receives the benefit unless a valid binding nomination directs it to the estate. If the benefit is paid to the estate, it is then distributed according to the will or intestacy laws — but routing through the estate can affect timing and may have tax implications.
Many super accounts include life insurance (death cover), which can significantly increase the total benefit paid. However, cover must have been active at the time of death, and conditions or exclusions may apply. We check all accounts for insurance, including old or forgotten super funds.
Straightforward claims with a valid binding nomination can be resolved within 3–6 months. Claims involving no nomination, multiple potential beneficiaries, disputed dependency, or incomplete documentation may take 12–24 months. Trustees are required to follow formal processes before payment.
We locate and claim from all accounts. Many people have more than one super fund — some from decades-old employment — each potentially containing its own life insurance cover.