Want your loved ones to inherit your super?

The Law Council is concerned people do not have enough control over how death benefits are distributed. Others are devastated about death benefits being paid to alleged violent partners.

So how can you decide who gets your unspent super?

Our first thought might be writing it in our will. However, super is not covered by our will as it does not become part of our deceased estate.

Instead, death benefits are distributed by the trustee of your superannuation fund. Under the law, there are two main mechanisms controlling distribution: binding nominations and the trustee’s discretion.