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My son was left with $54500.00 in his dads super and

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My son was left...

My son was left with $54500.00 in his dads super and $365000.00 insurance. His father re married and had 2 children. At the time of his untimely death he was fighting to see his children sold his truck to pay for solicitor fees and extra my son went through this ordeal with his dad. Any way i got a letter from the super fund and my son is to get 10% which goes into a trust fund and 90% to his seperated wife. Just woundering is this worth fighting for as my son thinks that at least the moneys should be in a trust fund also for the children.

Lawyer's Assistant: What state/territory is this in? It matters because laws vary by location.

Victoria.

Lawyer's Assistant: What steps have been taken so far?

Nothing as yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Well the super fund hadnt been accessed since i was married to him 13 years ago. Dont know eather that has anything to do with the matter. His father also had a child prior being with me but decided to only put my son in his super fund.

Submitted: 3 months ago.Category: Australia Law
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Answered in 5 minutes by:
3/26/2018
Solicitor: Leon, Solicitor replied 3 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,703
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Solicitor: Leon, Solicitor replied 3 months ago

Good Morning

Has there been a property settlement?

Who is the trustee of your sons estate?

Did you son have a will?

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Customer reply replied 3 months ago
No it was my ex husband who passed away im writing on behalf of my son who is under 18yrs. No he did not have a will. Their was no property. He was separated from his wife
Customer reply replied 3 months ago
Ive just paid $77.00 i cant afford another $90 odd dollars as im a single mum and my teenage son is still at school
Solicitor: Leon, Solicitor replied 3 months ago

Good Morning

did he leave this amount in his will or had your ex-husband made a binding nomination in his superannuation fund for this amount from his son?

Can you please advise whether you have lodged a dispute with the superannuation complaints tribunal in relation to this issue?

When did the trustee make this decision, and in the decision did he notify that you had a right to go through the superannuation complaints tribunal?

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Customer reply replied 3 months ago
There was no trustee as their was no will . I have 28days to apeal. Just want to know if my son has a chance of overturning the outcome. Thanks
Solicitor: Leon, Solicitor replied 3 months ago

Good Morning

yes your son has a very good chance of overturning the decision, as he is a minor and has needs.

If his fathers bequest was a binding nomination under his superannuation fund, then the trustee must comply with his request.

You have a right to make an internal review setting out the child's needs and current financial requirements. If this is refused your next option is to lodge a formal complaint with the Superannuation Complaints Tribunal, to overturn the Decision of the Trustee of the Superannuation Fund.

The following link is that of the superannuation complaints tribunal.

But if this is the first decision of the trustee of the superannuation fund, you must lodge an internal appeal first.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

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Customer reply replied 3 months ago
Thanks thats fine.I will put in a dispute form on his behalf
Solicitor: Leon, Solicitor replied 3 months ago

Good Afternoon,

you're very welcome and I hope it all goes well.

Please do not forget to write my work 5 stars so that I can be paling continue providing this service.

Thank you for using JustAnswer and if you have anything further please do not hesitate to return.

Regards,

Leon

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