Generally, a member has the opportunity to direct their super death benefits to their intended beneficiaries in the event of their death.  However, this may not always be the case.

Superannuation is not an estate asset and upon death of the member the funds do not automatically flow to the estate of the deceased. Superannuation funds allow members to nominate a beneficiary to receive the member’s super death benefits. A death benefit nomination is a legally binding nomination that allows you to advise the trustee which beneficiaries you wish your super benefits to be paid to upon your death. Under the Superannuation Industry (Supervision) Act 1993 (“SIS Act”), the beneficiaries that you can nominate to receive your super death benefit include:

• Your legal personal representative (the executor or administrator of your estate), if you want your super to be dealt with via your Will;
• Your spouse, including de-facto of the same or opposite sex; 
• Your children of any age (including step children);
• A person in an interdependency relationship with you; including a
• Financial dependant.