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my sister passed away in February this year and although married…

my sister passed away in...

my sister passed away in February this year and although married had been separated for 11 months, and had no contact at all with her husband, and they had no joint bills or assests together, at the time of her death she was living with my brother. My brother and myself were listed as her preffered beneficiaries, where do we stand as far as receiving her superannuation death benefits ?

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Answered in 3 minutes by:

6/20/2013

Solicitor: Leon, Solicitor replied 9 years ago

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,712

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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Good Morning,

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.

When you say you were listed as her preferred beneficiaries, do you mean she had made a binding nomination on her superannuation fund naming you as her beneficiaries?

Did she leave will, and in that will were you named as the sole beneficiaries?

On what basis has the superannuation trustee granted the money over to her husband? Are they saying that there was no binding nomination?

How can you substantiate being nominated as her primary beneficiaries, did she leave anything in writing?

Customer reply replied 9 years ago

we were only listed as preferred beneficiaries, because most people believe, as I did until now that who you write down is where the money goes, she did not have a will cause she did not have any assests, and only had $2400 in her super, but was unaware of the death insurance that was still current. My sister did not know she would still have insurance because she had been unwell and had not worked for 3 year, so the trustee granted it to the husband cause they were still legally married, although separated for 11 months, my sister had been receiving single disability payments for this long also.

Solicitor: Leon, Solicitor replied 9 years ago

Good Morning,

Where are you listed as preferred beneficiaries?

Has the money being handed over to her ex-husband? Are you saying he received the $2400 in super plus the death benefit under the policy?

Customer reply replied 9 years ago

We. Are listed on her super fund as preffered Beneficiaries and he does not have the money yet we have 28 days to appeal their decision

Solicitor: Leon, Solicitor replied 9 years ago

Good Morning

I would suggest that you appeal the decision, and that you also consider filing an application with the Superannuation Complaints Tribunal.

http://www.sct.gov.au

it is a matter where your sister was separated from her ex-husband and by naming you as preferred beneficiaries it was her intention that he not receive any money.

You should respond to the superannuation correspondence on the basis that they have made the decision in favour of the husband but you should also follow your complaint with the tribunal for them to decide.

You will need to provide evidence that they were separated and your sister's intentions.

In most cases it will be discussions that you had with your sister and the fact that she was living with your brother and not with her husband.

Is there anything else I can assist you with.

Customer reply replied 9 years ago

Hi, thanks for your help so far, Do you think it is worth appealing the decision, and seeking a lawyer to help us, would there be any chance in your knowledge that the trustee would change their mind? And does the tribunal help in any way, what I've heard of tribunals is that they seem to agree with the first decision in most cases. I just don't want to waste money on legal fees for no reason .

Solicitor: Leon, Solicitor replied 9 years ago

Good Afternoon,

The appeal is an internal appeal and my understanding is you simply write to them and put down your reasons why they have made the wrong decision and ask for it to be reassessed.

The tribunal will actually request detailed evidence from both of you and then make a decision.

I have had matters where the tribunal has not agreed with the superannuation trustee.

The fact that he was married does not necessarily give him the right to claim.

And if you can show that she had nominated you and your brother as her beneficiaries then this has some weight.

you can do this all yourself and you do not need a solicitor to assist you.

Just make sure you provide full details and if you have anything in writing give copies of it.

Is there anything else I can assist you with?

Customer reply replied 9 years ago

Thanks for your help so far if I have any more questions regarding this I will ask you.

Solicitor: Leon, Solicitor replied 9 years ago

Good Afternoon,

You are very welcome and if there is anything else I can assist you with please let me know.

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.

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,712

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Verified

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