With over 40 years of expertise in contesting wills and advising clients on wills, probate, and estate administration matters, The Will Challenge Lawyers in Sydney are here to help. One of the common questions we receive is about superannuation, and the role it plays in will disputes. Superannuation is held in a trust by the fund, so different rules apply compared to other assets like property, savings and shares.
Let’s take a closer look at superannuation in will disputes and how the right lawyer can protect your rights and help to contest a will in Sydney.
Is Superannuation Automatically Included in a Will?
Superannuation is the Australian retirement savings program, where employers pay a percentage of employees’ salaries into a fund to be accessed later in life when they retire. Super funds invest in stocks and property to grow retirement savings.
As the fund grows throughout one’s working life, it can become a major asset, although it’s not automatically included in a will because superannuation is not personally owned, but rather held in trust and governed by law. Individuals need to put specific instructions about superannuation distribution in their will to ensure their wishes are followed.
What Happens With Superannuation After Death?
When someone dies, their super fund pays the remaining super balance to their nominated beneficiary in most cases. This is called a super death benefit, and is ideally outlined in one’s will as well as through direct nomination with the super fund. If the super fund allows binding death nominations, the beneficiary can nominate one or more dependents or a legal personal representative to receive the funds.
Can You Contest a Will With Superannuation?
Yes, a contest will lawyer in Sydney can help you dispute a will that includes a superannuation death benefit decision. If you believe the super was paid to the wrong beneficiary or that you are entitled to a larger portion, you typically have 28 days from the original notification to ask for an internal review. Estate litigation lawyers are your best resource to navigate this process.
What Happens in a Will Challenge?
Following the initial decision of estate distribution, including superannuation, you can ask for an internal review. If the trustee upholds the original decision, you may file a complaint with the Australian Financial Complaints Authority (AFCA). You may also lodge a complaint with the Superannuation Complaints Tribunal (SCT). If you are dissatisfied with the determination of AFCA or the SCT you may appeal to the Federal Court on a question of law.
Get in Touch & Explore Your Options to Contest a Will in Sydney
As a division of Fox & Staniland Lawyers, a reputable Sydney firm established for over 50 years, The Will Challenge Lawyers serve as trusted advisors for will, estate, and inheritance disputes.
If you need legal guidance on a will challenge, including superannuation or other probate and estate claims, we would be happy to assist. Contact our dedicated Sydney lawyers today to get started reviewing your claim and take advantage of our no-win, no-fee offer.
