Is super part of my estate when I die?
No. Super is held in trust and does not automatically form part of your estate. It is paid according to your fund's rules and any binding death benefit nomination you have made.
When you die, your super balance (plus any insurance in super) is paid by the trustee of your super fund — not by the executor of your will. Your will does not automatically control it.
Who decides where it goes?
If you have a valid binding death benefit nomination, the trustee must pay the benefit to the person(s) you nominated — provided they are an eligible dependant or your legal personal representative (your estate).
If your nomination is non-binding, lapsed, or missing, the trustee uses discretion under the fund's rules and super law to decide who gets it. This often causes family disputes and delays of 6–12 months.
Who counts as a dependant?
- Your spouse (including de facto, same-sex)
- Your children (including adult children)
- Any person in an interdependency relationship with you
- Any person financially dependent on you at the date of death
Getting it into your estate
If you want your super to be distributed under your will, nominate your Legal Personal Representative (LPR) as the beneficiary. The benefit then flows to the estate and is distributed per your will — but beware: tax treatment can differ if non-dependants (e.g. adult children) receive it via the estate vs directly.
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General information only — not financial advice. Super decisions are long-term; verify with a licensed adviser.