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ARTICLE · 20 FEBRUARY 2026

Understanding How Superannuation Death Benefits Are Distributed by Trustees

Understanding how trustee discretion works, and what factors are considered, can help potential beneficiaries navigate the claims process more effectively and reduce the risk of disputes.

AustraliaEmployment and HR

When a loved one passes away, one of the most important financial matters for their family is often the distribution of superannuation death benefits. While some beneficiaries may assume that superannuation funds are simply paid according to a nomination or the terms of the policy, the reality is that trustees have discretion in how these benefits are distributed where there is no binding nomination. Understanding how trustee discretion works, and what factors are considered, can help potential beneficiaries navigate the claims process more effectively and reduce the risk of disputes.

It is well-established law that a trustee must act in the best interests of the beneficiaries. Trustees are expected to make decisions with the same skill and care as a reasonably prudent person, with a higher standard applied to professional trustees.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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