NSW Can I contest a Binding death benefit nomination

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dgreentree

Member
23 March 2020
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My mother passed away. Her will states 25% to each child, there are 4 of us. Her binding death benefit form states 28.8% to each of the 3 siblings & 13.3% to me. Can I contest this. (Father has also passed away)
 

Rob Legat - SBPL

Lawyer
LawTap Verified
16 February 2017
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Gold Coast, Queensland
lawtap.com
Yes, you can contest, but it is a very technical area and not the same as contesting a will. Binding death benefit nominations effectively side-step the provisions of the will as the superannuation trust proceeds do not automatically form part of the deceased estate. You will need to get some very specific advice about your prospects after a detailed consideration of the particular circumstances and form in which the binding death benefit nomination was made.