PA Law Legal Video Guides · Wills and estate planning · South Australia
By Manal Amro, Principal Solicitor, PA Law Pty Ltd
Updated:
Watch: superannuation and wills explained
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In this short video, Manal explains why having a will is only part of estate planning. This is particularly relevant for blended families, former partners, adult children and people with substantial super. The written checks below expand on the recording.
Superannuation and wills: 7 essential checks
1. List every account and benefit
Gather statements for each super fund and pension account, including any life insurance inside super. Keep a simple list of the account, nomination and documents still needed. This helps you prepare a focused discussion rather than relying on memory.
2. Identify the nomination you actually have
A non-binding nomination records a preference; it does not compel the trustee to follow it. A valid binding nomination can direct payment. Ask your fund to confirm what is recorded and whether any reversionary pension arrangement also applies.
3. Check validity and expiry
The label “binding” is not enough. Relevant formal requirements, including witnessing and renewal, must be satisfied. Ask whether the fund received the completed document and whether any correction is outstanding. Keep its response with your copy. The Legal Services Commission explains the importance of valid binding nominations.
4. Confirm the intended recipient is eligible
Under the usual super rules, potential recipients include a spouse, children, certain dependants and the legal personal representative of the estate. Fund and scheme requirements still matter. Do not assume everyone named in your will can also receive super directly. See ASIC Moneysmart’s beneficiary guidance.
5. Review your family circumstances
Write down what you want each person to receive overall, especially after separation, a new relationship or a beneficiary’s death. Explain any intended provision for a current partner and children from an earlier relationship. Our partner and children inheritance video explores another part of this planning conversation.
6. Ask about tax separately
An independent adult child is not automatically a death benefits dependant for tax purposes merely because they are your child. Tax may apply depending on the benefit and recipient. Ask a tax adviser about the expected net payment before comparing inheritances. The ATO explains tax dependency and super death benefits.
7. Check the whole estate plan together
Put your will and nominations side by side. Note the intended recipients, the documents supporting each outcome and questions that remain unresolved. Take that record to your solicitor. For a fuller discussion, read our superannuation and wills article for South Australians.
Does Super SA or an SMSF need a different check?
Yes. Super SA has scheme-specific arrangements. For Triple S, Super SA Select and the Flexible Rollover Product, its guidance describes payment first to a nominated legal personal representative; otherwise to a spouse or putative spouse, or to the estate if there is no such spouse. Children cannot simply be nominated directly under those arrangements. Income Stream accounts need a separate check, including any reversionary nomination. Read Super SA’s current guidance and confirm your scheme.
For a self-managed super fund, the trust deed and super law govern available nominations and eligible recipients. Without an effective direction, trustee decisions may be needed. Bring the current deed, amendments and pension documents to your review. The ATO’s SMSF nomination guidance explains this framework.
What should you gather before a review?
| Document | Question to prepare |
|---|---|
| Current will | Who do I want to benefit, and what has changed? |
| Super and pension statements | Have I included every account and any insurance? |
| Nomination and fund confirmation | What is recorded, and when should I review it? |
| SMSF or scheme documents | Which particular rules apply to this account? |
Video transcript
00:00 Did you know that having a will doesn’t necessarily mean your superannuation will go to the person named in your will?
00:08 Your super may sit outside your estate, so it’s important to check your superannuation death benefit nomination and make sure it works together with your will.
00:19 This is particularly important if you have a blended family, a former partner, adult children, or significant super.
00:27 Estate planning isn’t just about having a will.
00:30 Well, it’s about making sure everything works together.
00:33 If you’re unsure whether your estate planning is properly structured, contact PA Law today.
Frequently asked questions
Does my will override my super nomination?
Not automatically. A will does not itself redirect a super death benefit paid outside the estate. Review the nomination, fund rules and will together.
Does every binding nomination expire after three years?
No. Some nominations lapse and others are non-lapsing. Confirm the rules and expiry date for your fund; an SMSF also requires a check of its trust deed.
Can my adult children receive my super?
Adult children can be eligible under super law, subject to the fund or scheme rules. Eligibility to receive a payment is separate from its tax treatment and from eligibility for a death benefit pension.
What should I bring to an estate planning appointment?
Bring your will, recent statements for every super and pension account, nomination forms, fund confirmations and details of relevant family changes. Include your SMSF trust deed and pension documents if applicable.
Related video: Does your will cover your joint bank account?
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General information only. This video and guide are not personal legal, financial or tax advice. Outcomes depend on your circumstances, documents and current fund or scheme rules. Obtain advice before making or changing a nomination.