Catherine Ashton, Founder, Critical Info. Last updated 12/10/2026.
Your superannuation does not automatically follow your Will. When you die, your super fund's trustee decides who receives your super, and any life insurance held in it, unless you have made a valid binding nomination. It can be paid to your dependants, such as your spouse or children, or to your estate, where your Will then applies.
Who can receive my super?
Super can be paid to your dependants under super law, which includes your spouse or partner, your children of any age, anyone financially dependent on you and anyone in an interdependency relationship with you, or to your legal personal representative (the executor of your estate).
What is a binding nomination?
A binding death benefit nomination tells the trustee exactly who to pay, and the trustee must follow it if it is valid. Many binding nominations lapse after three years unless your fund offers a non lapsing option, so they need renewing. A non binding nomination is only a guide. Some funds also allow a reversionary pension, which keeps paying an income stream to a nominated person.
Will my family pay tax?
Death benefits paid to a dependant for tax purposes, such as a spouse or child under 18, are generally tax free. Adult children who were not financially dependent on you may pay tax on part of the benefit. A financial adviser can explain the options for your situation.
What should I do now?
Check whether you have a nomination with each fund, whether it is binding, and when it expires. Consolidate lost or multiple accounts through myGov. Record each fund, member number and nomination in your plan so your executor can find them quickly.
What happens after someone dies?
Contact each super fund with a certified copy of the death certificate. The fund will explain the documents it needs and how the trustee will decide. Our After Death guide covers who else to notify.
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