Superannuation entitlements do not automatically form part of a person’s estate. The trustee of a superannuation fund has a discretion to pay a member’s entitlements either to their estate, or to any person they consider dependant upon the member (usually spouses or children). In order to claim a superannuation death benefit, it is usually necessary for the claimant to prove that they were a dependant of the deceased at the date of death. If there are no dependants, the benefit can instead be claimed by the executor or administrator, and distributed as part of the estate.
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