AustraliaCan I nominate a non-dependant (like a friend) to receive my super death benefits?
Yes, you can nominate a non-dependant (like a friend) to receive your super death benefits, but only through a binding death benefit nomination — and only if your fund’s trust deed allows it.
What the Law Says
The Superannuation Industry (Supervision) Act 1993 (SIS Act) sets the legal framework for who can receive super death benefits and how nominations work. While the law defines who qualifies as a dependant, it does not prohibit nominating non-dependants — provided the fund’s trust deed permits binding nominations and the nomination complies with strict formalities.
Under the SIS Act, a 'dependant' includes your spouse, children (of any age), and anyone financially dependent on you or in an interdependency relationship. A friend is not automatically a dependant unless they meet the interdependency test.
However, the SIS Act does not prevent super funds from allowing binding death benefit nominations in favour of non-dependants — as long as the fund’s trust deed expressly permits it and the nomination satisfies legal requirements.
A binding death benefit nomination must be signed and witnessed by two adults (not beneficiaries), and it expires after three years unless renewed. It only binds the trustee if the fund’s governing rules allow it.
Statutory TextA superannuation provider must pay a death benefit to the person or persons specified in a valid binding death benefit nomination made by the member.
— Superannuation Industry (Supervision) Act 1993, s. 58 — Payment of benefits
Statutory TextA dependant of a deceased person 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 other person who was a dependant of the deceased person just before the deceased person's death.
— Superannuation Industry (Supervision) Act 1993, s. 10 — Interpretation
What to Do
Check your fund’s trust deed to confirm whether binding nominations in favour of non-dependants are permitted.
Complete a binding death benefit nomination form (not a non-binding one) and sign it in the presence of two adult witnesses (neither can be a nominated beneficiary).
Review and renew your binding nomination every 3 years — it automatically lapses otherwise.
Confirm in writing with your fund that your nomination has been received and accepted as valid.
Consider seeking advice from a financial adviser or lawyer if your situation involves complex family or estate planning.
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.