VIC Trustee - Do We Need Certificate of Attainment?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now


25 December 2016

My brother recently committed suicide. He was living at home with my parents and currently has 2 Super funds. One with MTAA super and one BT superannuation. His BT account was only 6 weeks of employment and we have been advised that we won't receive any benefit payout from that account as he wasn't with them for long enough.

The MTAA account is where we're having trouble. My dad is acting trustee and the probate office have advised that we won't need a certificate of attainment, however, MTAA have said we do. We're not sure where we stand with this, and before employing the services of solicitors, would like to know where we stand and what avenues need to be addressed before moving forward and possible legal action should the need arise.

Any information would be greatly appreciated.

Thank you.

winston wolf

Well-Known Member
21 April 2014

I try and help but don't have a direct answer. I'm assuming that by certificate of attainment they/you mean certificate of attainment of probate. But the probate office has said that probate is not necessary for this estate.

In my experience, most institutions like MTAA always start with no and work back from there. You may find if you continue to put pressure on MTAA they will accept another form of proof. Death certificate or other documents. Banks, etc. often make these kind of requests to indemnify themselves.

Tim W

LawTap Verified
28 April 2014


25 December 2016
Thanks very much Winston for the help. It does seem that their protocol is to tell you the opposite of what seems to be law, or the usual process of doing things. Obviously this is a very difficult time for all of us, and my dad isn't the most patient man at the best of times.

I simply want the best possible outcome, with the least hassle, but I don't know the law, and this seems to be somewhat of a niche area given the circumstances. I'll follow it up and see what sticks. Thanks again.

Hi Tim. Thanks for the tip. Since I posted Christmas day, my post was pushed down the list and I didn't receive any help.