The definition of a ‘spouse’ differs according to each superannuation fund’s trust deed.  The trust deed is the document which governs the exercise of the superannuation trustees’ discretion.  Some trust deeds confirm that ‘spouse’ has the meaning given to it in section 10 of the Superannuation Industry (Supervision) Act 1993 (Cth) (SIS Act), but others do not. Section 10 of the SIS Act defines the “spouse” of a person as:

A legal practitioner must follow a client’s lawful, proper and competent instructions.  When drafting documents, significant care must be taken by solicitors to ensure the documents prepared for their clients accurately reflect their client’s instructions and wishes. What happens if, under a Will, the instructions given by the Will maker are found on his or her death, not to have reflected the instructions provided to the solicitor? Section 50 of

As a matter of law an entitlement under a superannuation fund (for example, death benefits or life insurance) does not form part of a deceased estate.  However, superannuation trustees may exercise their discretion to pay a deceased’s superannuation death benefits to an estate. Recent Supreme Court decisions in WA have clarified in what circumstances and, perhaps more importantly, at what time an applicant in WA may apply personally for payment

Superannuation Death Benefits: Making a Claim  Superannuation is a system where money is placed in a fund to provide for a person’s retirement. What is a Death Payment and Who can make a Claim? A death payment can consist of the deceased member’s superannuation balance (less any charges and taxes) plus any death cover that they may have had. The Superannuation Industry Supervision Act 1993 (Cth) (SIS Act) provides that