You may have signed a will, chosen your beneficiaries and explained your wishes to your family. It is easy to assume the planning is complete.

But superannuation and wills need to be reviewed together. A carefully drafted will can still leave a gap if your super arrangements point in a different direction.

This is especially relevant if you have a blended family, a former partner, adult children or a substantial super balance. These seven checks can help you identify what needs attention.

1. Identify every super account and death benefit

Start by gathering the latest statement for each super fund and pension account. A nomination with one fund does not deal with a separate account held elsewhere.

Check for life insurance inside super as well. The amount payable on death may include insurance proceeds in addition to the account balance.^[2] A modest balance may therefore represent a much larger part of your family’s financial future.

Create a simple record of each fund, account number, balance, insurance cover and nomination. Bring that record to your estate planning appointment.

2. Check what type of death benefit nomination you have

A beneficiary’s name appearing in your account does not, by itself, tell you how much control that nomination provides.

Fund options differ. Ask for written confirmation of the arrangement currently recorded for your account.^{[2] [3]}

3. Check validity, signing requirements and expiry

A document labelled “binding” must still satisfy the applicable requirements. Check the form, signatures, witnessing, nominated proportions and whether the fund received it.^[4]

Many lapsing binding nominations expire after three years. Other funds offer non-lapsing nominations, which still need review when circumstances change.^[2]

Ask your fund:

• What nomination do you currently hold for me?
• When does it expire, and what events could invalidate it?
• Is anything missing or awaiting correction?

Keep the completed form and confirmation with your estate planning records. Set a reminder well before any expiry date.

For an SMSF: the trust deed and superannuation law need to be checked together. A nomination must operate within that framework; a standard form from another fund may not be suitable.^[5]

4. Confirm that your intended recipient is eligible

Under the usual superannuation framework, eligible recipients include a spouse or de facto partner, children of any age, financial dependants and people in an interdependency relationship. Payment can also be made to the legal personal representative of the estate, subject to the applicable rules.^[2]

Someone who can inherit under a will is not necessarily eligible to receive super directly. A friend, sibling or charity should not be assumed to qualify simply because you want to provide for them.

Your legal personal representative means your executor or administrator acting for your estate. A payment in that capacity is not a personal gift to the executor. If an estate payment is intended, the nomination wording and will must support that outcome.

5. Review blended families, separation and former partners

Ask what each person is intended to receive across the whole plan. Consider your current partner, children from earlier relationships and anyone who depends on you.

After separation or divorce, arrange a coordinated review. Do not assume that changing your will also changes your fund records.

A former spouse’s position under tax law differs from eligibility to receive super directly. Former-spouse status alone does not establish eligibility under the usual super payment rules; another qualifying relationship, such as financial dependency, may matter.^{[7] [8]} The effect on an existing nomination needs advice based on the relationship and fund rules.

If you are also balancing housing for a partner with an inheritance for children, see our guide to right-to-reside provisions in a South Australian will.

6. Understand the separate tax question for adult children

Eligibility to receive super does not automatically mean the payment is tax-free.

An adult child can generally receive a death benefit under super law, but an independent adult child will not ordinarily qualify as a death benefits dependant for tax purposes solely because they are your child. Financial dependency or an interdependency relationship may change the position.^{[7] [8]}

For a lump sum paid to a non-tax dependant, the tax-free component remains tax-free, while the taxable component may attract tax. Payment through an estate does not automatically remove that tax: the tax law considers who benefits, or is expected to benefit, from the amount.^[8]

Get advice on the likely net benefit before deciding how different family members should be provided for. Your lawyer, tax adviser and licensed financial adviser may need to coordinate their advice.

7. Review superannuation and wills as one estate plan

Put your intended outcome into plain words. For example: “I want my partner to have financial support, while preserving an inheritance for my children.” Then check whether each document actually helps achieve it.

An estate payment may suit some plans, while direct payment may suit others. Ask about administration, tax, potential claims and any trust arrangements before choosing. There is no universal instruction to send every super benefit to the estate.

Bring these documents to your review:

• Your current will and any amendments.
• Statements for each super and pension account.
• Copies of nominations, fund confirmations and expiry details.
• Details of life insurance inside super.
• Relevant relationship changes, family arrangements and financial dependants.
• For an SMSF, the current trust deed, amendments and pension documents.

Arrange another review after a significant family change, a beneficiary’s death, a fund change or the start of a pension. An annual diary reminder is also a useful habit.

Frequently asked questions

Can I leave my superannuation to someone in my will?

Your will can deal with super that is paid into your estate. A clause in the will alone does not require the fund to make that payment. Check the fund arrangements as part of the same review.^[1]

Does a binding nomination always last three years?

No. Check whether yours lapses or is non-lapsing, and what your fund requires. SMSF nominations need particular attention to the trust deed.^{[2] [5]}

Can adult children receive super as a pension?

Not every adult child is eligible for a death benefit pension. Additional conditions apply, including rules for children under 25 who were financially dependent and for children with a qualifying disability. Lump sum eligibility and pension eligibility are different questions.^[7]

What happens if my SMSF nomination is missing or non-binding?

The trustee must apply the trust deed and superannuation law. The ATO explains that the trustee may have to decide between eligible dependants or payment to the estate. Your will does not replace that decision-making framework.^[5]

General information only, not advice about your particular circumstances. Superannuation, tax and estate planning outcomes depend on the fund or scheme rules, your documents and your family circumstances. Obtain advice before making or changing a nomination.