Share on LinkedInShare on LinkedIn

ARTICLE · 21 APRIL 2021

2021 Update: Who gets the superannuation on death? – Part 2

Carroll & O'Dea
Explore more from Carroll & O'Dea

PART 2 looks at resolving disputes: What can you do if you have a claim or disagree with the death benefit distribution?

AustraliaLitigation, Mediation & Arbitration
Selwyn Black
Selwyn Black
Yue Lucy Han
Yue Lucy Han
Author LinkedIn connections

PART 2: Resolving Disputes: What can you do if you have a claim or disagree with the death benefit distribution?

Introduction

In Part One of this series Yue Lucy Han and Selwyn Black looked at how individuals can address superannuation in their Estate Planning.

It is an important issue as a considerable proportion of our wealth now sits in superannuation. It is estimated that at the age of retirement (age 60-64) the average Australian will have over $200,000 in their super fund. 1

But what if there is a problem with the superannuation allocation after a family member or loved one has died and what can be done to make, defend and resolve claims regarding allocation of superannuation?

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

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.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

How To Draft A Defence And Reply

Queensland civil procedure requires defendants to respond to each factual allegation with precision—admissions, denials, or non-admissions must be properly explained, while inadequate responses risk being treated as admissions. Replies serve a distinct and limited purpose, addressing only new matters raised in the defence that could affect the claim's maintainability or introduce unexpected factual questions.
AustraliaLitigation, Mediation & Arbitration
Stonegate Legal
Stonegate Legal
Article

Counterclaims In Queensland Civil Proceedings: Complete Guide

When a defendant in Queensland civil litigation wishes to pursue its own claim against the plaintiff, a counterclaim provides the procedural mechanism to do so within the existing proceeding. Understanding the technical requirements for pleading, serving, and answering counterclaims—including joinder of additional parties, limitation periods, and the effect of discontinuance—is essential for both claimants and respondents navigating commercial disputes.
AustraliaLitigation, Mediation & Arbitration
Stonegate Legal
Stonegate Legal
Article

Long Service Entitlements In NSW

After five years of continuous service in New South Wales, employees may qualify for pro rata long service leave payments under specific circumstances—even before reaching the standard 10-year threshold. Understanding when these entitlements arise, particularly in cases of illness, incapacity, or pressing necessity, can significantly impact both employees facing career transitions and employers managing termination obligations.
AustraliaEmployment and HR
Carroll & O'Dea
Carroll & O'Dea
Article

Injured While Working As A Delivery Driver? New Protections For Gig Workers.

New minimum standards effective from 17 August 2026 introduce personal accident insurance requirements for delivery drivers and riders working through digital platforms like Uber Eats and Deliveroo. These protections address a critical gap for gig economy workers who, as independent contractors, have historically fallen outside traditional workers compensation schemes when injured on the job.
AustraliaEmployment and HR
Carroll & O'Dea
Carroll & O'Dea
Article

AI Glasses And Privacy: Are Our Laws Keeping Up?

Australia's new statutory tort for serious invasions of privacy, which commenced in June 2025, is being tested against emerging AI-powered smart glasses technology that can record audio and video discreetly. As these devices become more sophisticated and less detectable, questions arise about whether current privacy laws adequately protect individuals from covert surveillance and data collection in both public and private settings.
AustraliaPrivacy
Carroll & O'Dea
Carroll & O'Dea
Article

2026 Tour De France: Anti-Doping Polices And Enforcement In The Spotlight

The 2026 Tour de France sparked unprecedented controversy when top competitors Jonas Vingegaard and Tadej Pogacar underwent overnight anti-doping tests on the eve of a crucial stage, raising questions about testing protocols and athlete rights. Following Vingegaard's race-ending crash the next day, the cycling world debated whether the disruptive testing procedures violated established standards and contributed to the incident. This examination explores the complex hierarchy of anti-doping authority, the le
FranceMedia, Telecoms, IT, Entertainment
Carroll & O'Dea
Carroll & O'Dea
Article

Understanding Failure To Diagnose In Reid v Hanafi [2026] TASSC 46

The Supreme Court of Tasmania examined whether a general practitioner breached her duty of care by failing to diagnose or refer for investigation symptoms that were later identified as multiple sclerosis. The case explores the challenge of identifying serious neurological disease when symptoms present gradually over time and appear non-specific, while reinforcing that medical standards are assessed based on information available at the time rather than hindsight.
AustraliaLitigation, Mediation & Arbitration
Carroll & O'Dea
Carroll & O'Dea