Do I need to mention super in my Will if I have a non-lapsing binding death benefit nomination?
Answered byKevin FinnHead of LegalWatch · 0:55Superannuation does not automatically form part of your estate. A valid binding nomination to an eligible dependant can direct payment outside your Will. If the benefit is paid to your legal personal representative, it becomes part of the estate and your Will can govern its distribution. Review the nomination and Will together, particularly if you want any super paid to the estate to be treated differently from the residue.
For related guidance, see do you pay capital gains tax on an inherited house in Australia?.
Read the video transcript
Superannuation is not automatically part of your estate. A valid non-lapsing binding death benefit nomination directs the superannuation trustee to make payment directly to your nominated dependants, bypassing your Will completely. However, if your nomination directs your death benefit to your legal personal representative or your estate, or if your nomination fails, your Will may then dictate how your superannuation is distributed. You should still mention superannuation in your Will if there's a possibility that it may form part of your estate and you don't want it distributed under the provisions of your residual estate.
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