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home Our Expertise Wills & Estates Superannuation & Life Insurance Disputes

Superannuation & Life Insurance Disputes

Superannuation and life insurance are often one of the most valuable assets forming part of a deceased person’s estate.

To the surprise of many, these assets commonly pass to beneficiaries outside of the Will, particularly in circumstances where a will challenge has been anticipated.

Depending on the steps taken by the deceased when they were alive, the superannuation and life insurance may either be distributed per a binding nomination, reversionary pension, or at the discretion of the trustee of the fund. Any of which can provide harsh results, particularly in blended family situations.

Our Litigation and Dispute Resolution Team can assist you with:

  • Preparing an application for payment of superannuation and life insurance benefits which will give you the best chance of receiving a distribution

  • Challenging the validity of binding death benefit nominations

  • Self-managed superannuation fund (SMSF) disputes

  • Obtaining compensation for Improper superannuation payments to executors and administrators in their personal capacity

  • Strategic advice regarding your best chance of recovery in deceased estates involving superannuation and life insurance

Book a free initial consultation with one of our expert Litigation & Dispute Resolution Solicitors today.

Meet the team

Sean Powell

Managing Partner

Andrew Smyth

Consultant

Christine Smyth

Special Counsel

Thomas Adamson

Senior Associate

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What our clients have to say

As first home buyers Emma from Robbins Watson made the experience stress free. With her professional service and excellent knowledge of industry. Couldn't recommend her more. Thank you!

Kimberley G

Very pleased with this firm and the outcome we received. Highly recommend Robbins Watson for any Family Law matters.

Cate B

Sean and his team have always been incredibly supportive and knowledgeable. Couldn’t recommend Robbins Watson Solicitors more!

B.M.

I recently had the opportunity to work with Alexandra Coyle, and I couldn't be more pleased with the experience. From the outset, she demonstrated exceptional professionalism and a deep understanding of the legal issues involved which was very reassuring. I felt well-informed throughout the process, and she worked tirelessly to ensure a successful outcome for me. I’m glad I reached out to this firm. Thank you for making a challenging situation so manageable. I highly recommend Alexandra for anyone seeking reliable and empathetic legal assistance.

Justyna B

I was so pleased with Bell’s work. I found her easy to get along with, explain things clearly and make the whole process calm. I would recommend her to anyone going through an estate dispute.

Taylah C

Marcus, thank you again for your support throughout the settlement process, we very much appreciate your professionalism, advice and communication from start to finish! We would be happy to recommend Robbins Watson to our family and friends.

Angela

Good morning – just wanted to send a quick email off and let you know how impressed (my wife and myself) have been with Emma – We have bought a couple of properties up there over the last year or two – we’re from Wagga Wagga, NSW and are relocating up there at the end of this year. Emma has been absolutely fantastic to deal with and we couldn’t be happier!!! It makes things really easy when you have someone on the ball like she is – so yeah, just a quick ‘Well done’ – thanks so much, we really appreciate it and keep up the good work!

Jarrod

Thank you again for your services, I cannot fault you and your team. You are always such a pleasure to deal with and make what would normally be a stressful time, quite the opposite.

Emma (& Helen)

Please extend my warmest thanks to All that have assisted me. You all have made the process of dealing with Wills, selling property, and soon with my own Will and things. Robbins Watson have exceeded my expectations in ability, personal interactions, pleasant meetings; in short, you are my Solicitors of choice, and I say so to any and all.

George

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Frequently Asked Questions (FAQs)

Who decides superannuation death benefit disputes?

The trustee of the super fund makes initial decisions about who receives a death benefit, and if challenged, complaints can be made to the Australian Financial Complaints Authority or the court.

Can I challenge an insurer’s refusal to pay a life insurance claim?

If an insurer declines a claim due to alleged non-disclosure or policy exclusions, you can dispute the decision through the insurer’s internal review process and then to AFCA or the courts.

What time limits apply for superannuation complaints?

Strict time limits apply. For death benefit distributions, you must generally object to the trustee within 28 days of receiving its proposed decision, and any complaint to AFCA must be lodged within 28 days of the trustee’s final response, so act as soon as you are notified of the outcome.

Is the Australian Financial Complaints Authority (AFCA) available for super disputes?

Yes, AFCA is an independent body that handles complaints about superannuation and life insurance decisions, offering a free and binding resolution process.

Does a binding nomination override the trustee’s discretion?

A valid binding nomination requires the trustee to pay the benefit as directed, but if the nomination is invalid or expired, the trustee retains discretion over who receives the benefit.

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