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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44183
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Apparantley there may be quite a sum of money still left in

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Apparantley there may be quite a sum of money still left in the superannuation, my mother chose to take part government pension and part superannuation payments so she could continue to get some government benefits, would I have any claim on the superannuation money that is left with GESB super fund.
Good Evening

Thank you for your question. To Introduce myself I am a sydney based Solicitor and will do my best to provide you with relevant information to assist you.

Has your mother passed away?

Are you the beneficiary in her will or a nominate beneficiary under her superannuation?

Your mother chose to not have he whole of her superannuation commuted to a pension?
Customer: replied 4 years ago.
My mother passed away in 2012, I am a beneficiary in the will along with my brother and sister, I don't know if we are nominated beneficiaries in the superannuation, if we are not does that mean the superannuation fund keeps all the money left.
My mother chose to only take a part superannuation payment so she could have a part government pension.
Good Evening

If you are not beneficiaries nominated on her superannuation it becomes part of the estate and it is distributed as per her will.

The Superannuation fund should be written to and ask what their requirements are to release the money.

Has her estate been probated and was the superannuation listed as an asset in the probate?
Customer: replied 4 years ago.
Probate was granted In December 2012, the superannuation was not listed as an asset in the probate.
Good Evening

Why was this? Did noone realise to contact them?

It will be necessary to amend the probate if the superannuation has to go to the estate.

You need to contact the fund and ask if there are any binding nominations on the policy.

Was the fund notified of your mums passing?
Customer: replied 4 years ago.
No we had no idea, the whole procedure was totally new to us, we did go to a Citizens Advice Bureau to help us lodge probate but they did not make us aware of anything regarding this, the Super Fund is aware of our mothers passing.
So you are saying we need to do an amended Probate application?
Good Evening

In the application you filed the executor agreed to notify the court if there are any changes to the assets.

You have to tell the court that further assets have been found. Without the probate the Fund may not release the money to the estate.

It is not a difficult process but one that has to be followed.

I hope this is of assistance. If I have missed anything, or you have any further questions please let me know before leaving any feedback.

If I have assisted please do not forget to leave me with positive feedback.

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