My partner of 5 and half years recently died. Unfortunately he did not change his will and it leaves everything to his ex wife who he did not divorce. He has nominated me as the person who is to inherit his superannuation fund though. Does this mean that his wife gets that money too?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Julia Savage of Newcastle Legal, Hamilton NSW 2303
- As a de facto partner you may have legal rights to make a family provision claim against your partner’s estate. You need to seek legal advice in relation to a claim.
- In relation to your partner’s superannuation fund if your partner nominated you as his ‘binding death nominee’ and that nomination is valid the superannuation funds do not form part of his estate and you will receive the account balance held by the fund. The binding nomination must not have expired and you must be a person that is permitted by the rules of the superannuation fund.
- The nomination is usually legally binding on the trustee of a superannuation fund regardless of how a person’s circumstances may have changed between the date of the nomination and the date of death.
- However this may depend on the fund and its rules. Some superannuation trustees have discretionary powers to bypass a death nomination in circumstances where they deem it necessary such as where there is a former spouse who has dependent children and there has not been a formal property settlement.
- This is something you need to check with the particular superannuation fund.