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Snapshot

  • In recent months, a host of decisions by the Australian Financial Complaints Authority regarding payment of a deceased member’s death benefit offer insight into the different methods by which payment of the death benefit can be decided, and AFCA’s role in that process.
  • This article, the first in a two-part series, discusses the requirements for a member’s nomination to be formally and essentially valid, as well as effective.
  • Whenever a solicitor advises on payment of a member’s death benefit—whether to ensure formal validity as part of a member’s estate planning or to advise a person making a claim after the member’s death—it is critical to check the relevant provisions of the superannuation fund’s trust deed.

How do trustees and the Australian Financial Complaints Authority (‘AFCA’) determine the validity and effectiveness of superannuation death benefit nominations? Recent AFCA decisions outline the requirements for formal and essential validity, explain how effectiveness is assessed and explore what happens when no valid nomination exists—including how trustees identify eligible beneficiaries and exercise their discretion in distributing the benefit.

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