Hi,
In terms of your late son's girlfriend been listed as de facto on the death certificate, I would not be concerned. The "informant" can list anyone on the death certificate, the parties and their relationships listed on the death certificate are only FYI.
You state your late son was living with his girlfriend for six months (at the time of passing).
I assume she states, I was living with my de facto for six months.
This is a matter of opinion. Unfortunately, superannuation legislation is very old school. Move in with someone and essentially they are man and wife for life.
What is a de facto relationship?
Factors may include, but are not necessarily limited to, the following:
- the duration of the relationship;
- the nature and extent of the common residence;
- whether or not a sexual relationship existed;
- the degree of financial interdependence, and any arrangements for support, between or by the parties;
- the ownership, acquisition and use of property;
- the procreation of children;
- the performance of household duties;
- the degree of mutual commitment and mutual support;
- reputation and ‘public’ aspects of the relationship.
As noted above, there is no time limit in regards to the duration of the relationship. It could be 6 months it could be 6 years. Some Trustee's have implemented a minimum duration of a relationship before it considers a de facto, amongst other criterion. EG Three years. But only a few have.
It could be that your argument would be that the short duration of the relationship did not allow a de facto relationship to be formed.
Letters of Administration
If you are having issues with where the benefit is to be paid, it may be worth considering applying for a Grant of Administration.
Essentially a Grant of Administration evidences that you act on behalf of your late son's estate. You may then seek the Trustee to pay the benefit to the Estate of your late son. You as the Administer of the estate would then distribute benefits of the estate. The process of applying differs slightly in each state, but the essence of what is required is essentially the same. Here is the link to the NSW Supreme Court:
Applying for a grant of letters of administration
If it is indeed that your late son was only with his girlfriend for six months, it may be difficult for her to obtain Administration which may give you an advantage.
Cheerio