AustraliaIf I die without a will, what happens to my superannuation death benefits?
Superannuation death benefits do not automatically form part of your estate if you die without a will — they are paid according to your super fund’s trust deed and the Superannuation Industry (Supervision) Act, usually to eligible dependants or your legal personal representative.
What the Law Says
Superannuation death benefits are governed separately from your will and estate under federal superannuation law. The Superannuation Industry (Supervision) Act 1993 (SIS Act) sets strict rules about who can receive these benefits and how trustees must act.
When you die without a will (intestate), your general assets pass according to state or territory intestacy laws — but superannuation is different. Because super is held in a trust, your super balance isn’t automatically part of your estate unless you’ve made a valid 'binding death benefit nomination' (BDBN) directing it to your legal personal representative (i.e., the executor or administrator of your estate).
The SIS Act defines who qualifies as a ‘dependant’ — including your spouse (including de facto), children of any age, and anyone financially dependent on you or in an interdependency relationship. Only dependants (or your legal personal representative) can receive super death benefits.
If you have no binding nomination in place, the super fund trustee has discretion to decide who receives the benefit — but they must follow the SIS Act and the fund’s trust deed. They cannot pay benefits to non-dependants unless the benefit is paid to your legal personal representative for distribution under intestacy laws.
Statutory TextA superannuation provider must not pay a superannuation death benefit to a person other than: (a) one or more of the deceased member’s dependants; or (b) the deceased member’s legal personal representative.
— Superannuation Industry (Supervision) Act 1993, s. 55(1) — Payment of superannuation death benefits
Statutory TextDependant means: (a) the deceased person’s spouse or former spouse; (b) the deceased person’s child; (c) any person with whom the deceased person had an interdependency relationship; or (d) any person who was financially dependent on the deceased person.
— Superannuation Industry (Supervision) Act 1993, s. 10(1) — Definition of dependant
What to Do
Check whether your super fund allows binding death benefit nominations (most do).
Complete and lodge a binding nomination naming either eligible dependants or your legal personal representative.
Review and renew your binding nomination every 3 years — it expires otherwise.
Ensure your nominated beneficiaries remain eligible (e.g., children over 18 may not qualify as dependants unless financially dependent or in interdependency relationship).
Consider making a will even if you have a binding nomination — it covers all non-super assets and supports clarity for your estate.
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.