Thanks for your enquiry. Our will disputes lawyers will be in touch within the next business day to assist with your enquiry. If your matter is urgent, please call us on 1300 580 413.
During the case assessment process, you stated that you have concerns about the deceased's superannuation benefits.
Accumulated superannuation funds and death benefits are dealt with on the death of a member according to the contractual rules of the fund. Proposed contractual rules provided many cases for the exercise of discretion by the fund’s Trustee or board.
A member can complete a "Nomination" which has the effect of directing the Trustee of a superannuation fund to pay, after the death of a fund member, to a person or persons specified in the nomination.
There is potential scope for the fund Trustee to exercise discretion in favour of someone other than the persons specified in the nomination ie in cases of comparative needs of the person named and a family member omitted. Nominations are also often time-limited and may have expired.
You stated that you were unsure / don't know when the date of the deceased's death. A notice of the proposed claim must be given to Trustee as soon as possible.
Lastly, you stated NO regarding a binding nomination is in your favour. If you were omitted from a binding nomination or if there is no nomination, a carefully considered submission should be prepared as soon as possible, requesting the exercise of the Trustee’s discretion entirely or partly in your favour.
Based on the information you have provided us to date, and subject to the inherent limitations of this assessment tool, you have SOME prospects of success in a worthwhile application for a provision to be made for you from the deceased’s estate.
This assessment must not be relied upon as legal advice which can only be given when all circumstances have been carefully considered.
For a personalised assessment applicable to your particular circumstances, please call 1300-580-413 or email us today.
