A death benefit claim is a lump sum insurance claim paid by the superannuation fund upon a death of a loved one.
The law is very strict on who can claim for this benefit, the main ways you can claim is if you are dependent on the deceased person or can prove that you are in an interdependency relationship with the deceased before the death.
WKB Lawyers has had significant success in claiming Death Benefit lump sum Insurance against Sunsuper, BT Super, Care Super, QSuper, Cbus, First State Super, Colonial First State Super, AMP, Rest Super, Australian Super, MTAA Super, Host Plus, AIA, LUCRF, TAL, Metlife, ANZ/OnePath, CommInsure, Asteron and several others.
“I was glad I went with Warren to do my TPD claim and thrilled with the outcome. My claim was ran personally by Warren, he is very knowledgeable, genuinely cared, patient, and keep me constantly updated through the process.”
“Thanks for getting my TPD benefit Warren. You guided every step of the way, returned my calls so quick. Anyone that needs to do a TPD claim, speak to Warren. Knows his stuff!!”
“I did the claim myself and got declined. I was referred to Warren who took on my claim and wrote to my super fund and within 3 months it was approved. All I can say is wow, you have changed my life and relieved me and my family so much stress.“
“Really helpful, service was great, he went out of his way to make sure i got my benefit, thanks Warren.”
“I highly recommend WKB Lawyers. Warren was quick with his responses, diligent, knowledgeable, and helped simplify a stressful process!”
“Warren was very empathetic and nothing was too hard when it came to my claim. He made the process really easy with my claim.”
” I was blown away by his knowledge, his empathy and patience. I couldn’t have done it without him, thanks Warren.”
Frequently Asked Questions
With all Death Benefit claims, you have a right to make a complaint to the Superannuation fund to see if you can overturn their decision. Other options are litigation in the Supreme Court or a complaint to the Australian Financial Complaints Authority (AFCA).
It’s very important to contact us for a free consultation to discuss your rights.
A legally married spouse, de facto partner, children, financial dependants and inter-dependants.
An interdependency relationship exists if there is a close personal relationship between two persons and the following conditions are met: they live together and one or each of them provides the other with financial support, domestic support and personal care.
Some super funds have binding nominations. The super must be paid to the nominees so long as they are dependants at the date of death or the deceased's Will.
Not usually. The trustee will decide who the dependents are, and divide up the super or give it to the deceased's estate via a Will or Letters of Administration.
Different tax treatments can apply depending on whether your super is paid as a lump sum, income stream or mixture of both, and if your beneficiary or beneficiaries are classified as ‘tax dependants’.
A tax dependant includes:
- current and former spouses and defactos
- any children of the deceased who are under the age of 18
- any other financial dependants.
Lump sum super benefits, paid upon your death to tax dependants directly, or via your personal legal representative, are not taxed, whereas super benefits paid to non-tax dependants may be.
For non-tax dependants, tax will only be payable on any taxable component of the lump sum super benefit, which may include both a taxed and/or untaxed element.
The taxed element is subject to a maximum tax rate of 15% plus the Medicare levy. The untaxed element is subject to a maximum tax rate of 30% plus the Medicare levy