MAKING A CLAIM ON YOUR EX-PARTNER’S SUPERANNUATION

If, after your spouse (de-facto or married) has died, and you believe that you should get their superannuation death benefit, or that you should receive more share than the trustee of the super fund proposes, then you have 28 days to stake your claim with the trustee of the fund. Claim stakers need to provide evidence that they are eligible to make a claim.

These are the steps you take:

Most super funds have somewhat similar steps you need to take when you claim a deceased superannuation death benefit:

1.     Contact the super fund in question and explain your situation (which is that you believe you may be eligible to make a claim)

2.    You will then be assigned a case manager who wlll firstly determine your eligibility.

3.    If you are eligible then there will be forms to complete and evidence you need to provide to substantiate your claim. As this can be complex, you may need the assistance of a solicitor.

4.   The trustee then assesses your application to determine whether the death benefit is payable. The Trustee makes a decision and anyone who has made a claim will be notified. There are 28 days in which to object to the decision.

5.   Once all objections have been dealt with, payment of the deceased superannuation can then be made

 Flanagan Legal Newcastle can assist you with the submission to the trustee.