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Who can make a death benefit claim?

When a someone dies, their superannuation fund must pay the deceased’s death benefit, including an insured lump sum, to the appropriate person. You could have a claim for payment if you are:

  • A beneficiary nominated by the super fund member
  • Were dependent on the deceased, such as a child
  • Were dependent of the deceased, such as a spouse
  • Were otherwise in a close personal relationship


Terminal illness claim

It is also possible for the person who holds the superannuation account to claim the benefit themselves, if they have been diagnosed as terminally ill with a prognosis of 24 months or less. 

Most superannuation funds will have death benefit insurance attached the accounts by default. This insurance is available to relieve financial hardship in already troublesome times.

Time limits for making a death benefit claim

When dealing with these matters, it's best to claim as soon as possible. Some super funds have binding nominations, which means the account holder can nominate someone directly.

If there is no nominee, or a non-binding nomination, the person managing the super fund (known as the trustee) may decide who the dependents are, divide up the super or give it to the deceased estate. 

For terminal illness, the claim timeframes are similar to TPD claims.

Seeking expert legal advice from death benefit lawyers as soon as possible following your injury or illness is the best way to ensure your claim is successful.

Our team at Maurice Blackburn includes both experienced superannuation death benefit lawyers and will disputes lawyers, to help you understand all of the options available to you and your loved ones. Contact our expert lawyers today.

Compensation and benefits

The payout for death benefits usually includes the money from the superannuation fund, and the payout from the insurance policy attached to the super fund, so can vary significantly depending on how long the person has been contributing to the fund.

If you're a dependent of the person who has died, you may be able to choose the death benefit to be paid as either a lump sum or an income stream. If you are not a dependent, it will be paid as a lump sum. 

 

Use our free online claim check tool and find out in minutes if you have a claim through your super.

Process for making a death benefit claim

Contact us as soon as you think you have a superannuation death benefits claim. We'll work to confirm what you're entitled to so we can give you the best advice for your potential claim. 

We'll keep you informed throughout the whole process and provide you with expert advice that is easy to understand.


01

We will help you with all the documentation you need from your super fund or insurer.

02

We'll complete all the legal paperwork and submit your claim.

03

Your death benefit claim is assessed and your insurer makes a decision.


We're here to help when you need us most.

Call us on 1800 196 050, or leave us a message below to request a call back and one of our team will be in touch as soon as we can. 

Maurice Blackburn will collect this information in accordance with our Collection Statement and Privacy Policy

Office locations

We’re here to help. Get in touch with your local office.

Select your state below

We have lawyers who specialise in a range of legal claims who travel to Australian Capital Territory. If you need a lawyer in Canberra or elsewhere in Australian Capital Territory, please call us on 1800 675 346.

We have lawyers who specialise in a range of legal claims who travel to Tasmania. If you need a lawyer in Hobart, Launceston or elsewhere in Tasmania, please call us on 1800 675 346.