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NSW Does Sister Need to Change Her Will?

Discussion in 'Wills and Estate Planning Law Forum' started by Dawso, 9 September 2016.

  1. Dawso

    Dawso Member

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    My sister has informed me that I am the sole beneficiary to her superannuation when she dies. This is not covered in her will and I am already her executor of will and deceased estate.

    She intends to leave her deceased estate equally to all my 4 siblings and myself.

    My question is, do I get her superannuation to myself as she says, as this is not mentioned in her will?

    I know at least two siblings who will not be happy about her super being left to me, but it is important to my sister that this goes to me and no one else.

    Does she need to change her will?
     
  2. jessiesgirl

    jessiesgirl Member

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    My husband has done a binding nomination which is renewed each three years. I am his sole beneficiary for his superannuation. From my understanding the beneficiaries named in the super policy are the ones that receive the funds.
     
  3. SamanthaJay

    SamanthaJay Well-Known Member

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    She may have nominated you on her super paperwork but this is not a binding nomination. But even if she has done a binding nomination, only dependents will be entitled to receive her super. If you are not financially dependent on your sister when she dies, then the nomination will be invalid.

    Otherwise, it would be in her best interests to nominate her Estate and it can be distributed as per her Will. This is the most tax effective way to deal with the proceeds of superannuation.

    Otherwise, the superannuation fund trustee will get to decide who gets it and it may well not be what your sister wishes.
     

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