• Overview and Examples
  • What You Need To Know
  • Specialising Lawyers
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Overview

Death Claims

The loss of a family member is a challenging time, and dealing with financial matters can add to this stress. If you have a family member who has passed away, you may be able to make a death benefits claim if they had death cover at the date of their death. You can contact the superfund to find out whether there was an active death cover policy. The superfund, however, will determine who is entitled to claim the benefit depending on the nominated beneficiaries, the Will and any other persons who may be entitled to claim.

Death benefits are designed to provide financial support during this difficult period. This claim can provide a lump sum payment or income stream to the beneficiaries, offering crucial financial support. The Australian Taxation Office (ATO) provides information on deceased loved one’s estates, but understanding how to navigate this sometimes difficult process is essential and Brydens Lawyers is here to assist you during this difficult time.

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What You Need To Know

Understanding Death Benefit Claims

A death benefit claim is made when an individual with an insurance policy or superannuation fund passes away. The claim typically provides a lump sum death benefit to the nominated beneficiaries or legal representative. The process involves contacting the superannuation fund or insurance provider to initiate the claim. The fund or provider will then assess the claim, considering the deceased's nominated beneficiaries, their Will, and other potential claimants.


Support Through Brydens Lawyers

Losing a loved one is an emotional and challenging time. Understanding and processing a death benefit claim can add to the stress. Brydens Lawyers offers professional guidance and support to help you navigate this process with compassion and expertise. We ensure that the death benefit claim is handled efficiently, respecting the wishes of the deceased and the needs of beneficiaries.

For personalised assistance and to understand more about death benefits and claims, contact Brydens Lawyers today or call us on 1800 848 848. Our team is here to support you through every step of this difficult time, ensuring your legal rights are upheld and the financial support needed is secured.


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Unbelievable, I’m very happy with my TPD result. Honestly Lee and the team at Brydens Lawyers treat you like family. All my family and friends have had miracle results with Brydens.

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I have been a long-term client of Ashli’s- she has been great to deal with and has helped brighten my future with an excellent outcome.

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Meet the team that specialise in

TPD and Superannuation

Meet the Team
Bandeli (Lee) Hagipantelis
Bandeli (Lee) Hagipantelis

Principal

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Ashli Joudo
Ashli Joudo

Senior Associate - Practice Group Manager

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Isabel Sarcia
Isabel Sarcia

Senior Lawyer

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Jonny Aghayan
Jonny Aghayan

Lawyer

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Jose (Joshua) Avedillo
Jose (Joshua) Avedillo

Lawyer

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Abigail Hamilton
Abigail Hamilton

Lawyer

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Xiangan (Natalie) Nie
Xiangan (Natalie) Nie

Lawyer

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Frequently Asked Questions

Who is eligible for a superannuation death benefit?

Eligibility for superannuation death benefits typically requires you to be a nominated beneficiary or a legal representative of the deceased. These benefits may include the deceased's accumulated superannuation balance and any insurance benefits available for death cover within the superannuation funds. The eligibility is largely determined by the fund's rules and the deceased's nominations or estate planning documents.

What is the role of binding death benefit nominations in superannuation death benefits?

A Binding death benefit nomination is vital in directing superannuation death benefits. They allow a superannuation fund member to specify who should receive their death benefit payments after their passing. This legally binding nomination helps provide clarity and can significantly reduce disputes among potential claimants, while also allowing claimants to cover costs such as funeral expenses. Understanding if the deceased made such a nomination and its implications is crucial in the death benefit claim process.

How are death benefit claims processed and paid?

Once a death benefit claim is lodged, it undergoes a review process by the superannuation fund or insurance provider to determine eligibility and the rightful recipients. The death benefit payment can be made as a lump sum benefit or an income stream, based on the specific terms of the policy and the preferences of the beneficiaries. This process may involve legal verification and careful consideration of all relevant factors, and therefore, can take some time to complete

Why is it important to seek legal assistance when navigating death benefit claims?

Navigating a death benefit claim can be complex, especially when dealing with the legal aspects of superannuation death benefits and insurance policies. Legal representatives, such as Brydens Lawyers, are instrumental in helping claimants understand their rights, guiding them through the intricacies of the claim process, and ensuring that they receive the benefits they are legally entitled to. Their expertise can provide invaluable support and clarity in what can be a challenging time.