AustraliaMy super fund trustee won't pay death benefits to me despite my nomination. What can I do?
If your super fund trustee refuses to pay death benefits despite your valid binding death benefit nomination, you can complain to the Australian Financial Complaints Authority (AFCA) — and in some cases, seek court review — but only if the nomination is binding, made correctly, and still in force.
What the Law Says
Superannuation death benefits are not part of your estate unless directed otherwise, and trustees have discretion — unless a valid binding death benefit nomination (BDBN) removes that discretion. The law sets strict rules for when a BDBN is enforceable.
A binding death benefit nomination is only effective if it complies with the fund’s trust deed and the Superannuation Industry (Supervision) Act 1993 (SIS Act). Under the SIS Act, a trustee must pay benefits to the nominated beneficiaries 'in accordance with the nomination' — but only if the nomination is valid and in force.
Most funds require nominations to be renewed every 3 years unless the fund allows non-lapsing nominations. If your nomination has expired or doesn’t meet formal requirements (e.g., not signed and witnessed correctly), the trustee is not bound by it.
The trustee must also act in accordance with the fund’s trust deed — which may impose additional conditions beyond the SIS Act. If the deed says nominations must be in a specific form or reviewed annually, failure to comply makes the nomination invalid.
Statutory TextThe trustee must pay the death benefit to the person or persons specified in the binding death benefit nomination.
— Superannuation Industry (Supervision) Act 1993, s. 55(4) — Payment of death benefits
Statutory TextA binding death benefit nomination is taken to lapse at the end of the period of 3 years after the day it was signed, unless the nomination states otherwise.
— Superannuation Industry (Supervision) Regulations 1994, reg. 6.17A(4)
What to Do
Check your nomination’s date, signature, witnesses, and whether your fund allows non-lapsing nominations.
Review your fund’s trust deed (available from the fund or APRA website) to confirm nomination requirements.
Lodge a written complaint with your super fund — they must respond within 21 days.
If unresolved, escalate to the Australian Financial Complaints Authority (AFCA) within 2 years of the fund’s final response.
If AFCA cannot resolve it and you believe the trustee breached the SIS Act or trust deed, consider seeking legal advice about applying to the Federal Court.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.