What happens to my super when I die?
Produced by AMP Life Limited and published on 24 November 2015.
By AMP Life Limited, originally published on 24 November 2015 on amp.com.au/insights
As uncomfortable as it can be to think about, no one lives forever. And because you've worked hard to earn your super money, you'll want to make sure that when the time comes, your remaining super goes to your loved ones.
Like many people, you may not know that your super money isn’t covered in your will. Or how to make sure your money goes to the people you choose.
Why won’t my will cover my super?
Your super is not covered by your will because your will only covers assets you own. Technically your super money is held for you in a trust.
Who can I leave my super money to?
In the event of death, your super fund must pay a death benefit in the form of money, to someone in your life who is eligible to receive this money, known as a super beneficiary.
People who are eligible to be super beneficiaries are:
- Your spouse or partner
- Your children
- Anybody financially dependent on you when you die
If you want to leave your money to someone who is not eligible to be a super beneficiary, you’ll need to make a binding nomination that your estate (or legal personal representative) is the beneficiary. Then you’ll need to ensure your will is up-to-date so the money can be distributed.
Nominating who your super goes to
When it comes to specifying your beneficiaries, most super funds will give you a number of options. These are explained in the table below.
||What this means
|Binding nomination (lapsing or non-lapsing)
||The Trustee will assess your binding nomination to determine if it’s valid. Lapsing binding nominations expire every three years and non-lapsing never expire.
|Non-binding (preferred) nomination
||The Trustee will decide which of your beneficiaries will receive your death benefit and in what proportion. Your nominated beneficiaries will be taken into account.
|Reversionary beneficiary nomination
||A reversionary beneficiary is the person who will receive your super as an income stream if you die. Only spouses, certain children and dependants are eligible and only some AMP super products have this option, so give us a call on 131 267 to find out more.
||Depending on the product, the trustee will either pay your death benefit to your estate or it may use its discretion to determine the beneficiaries.
If your super’s with AMP, we’ll let you know when a lapsing binding nomination is about to expire, but you need to make sure your details are up-to-date.
Next time your binding nomination lapses, ask AMP whether your super product
allows you to change to a non-lapsing binding nomination
. This would mean having less personal administration to worry about—you nominate your beneficiaries once and don’t have to worry about it again unless you want to change it.
It also gives you the peace of mind that you won’t get caught out if you don’t receive the lapsing reminder notice and something happens to you.
Will the money be taxed?
It will depend on whether the beneficiary receiving the super is a tax dependant or not.
A tax dependant includes your spouse, ex-spouse, children under the age of 18 or any other financial dependants. Lump sum super benefits paid upon your death to tax dependants will be tax free1.
For a non-tax dependant beneficiary, the tax payable on the taxable component of the lump sum super
benefits described in the table below.
What to do now
|Type of super
||Effective tax rate
|Taxable component: taxed element
This is the part of the death benefit that relates to pre-tax contributions plus all fund earnings, which have been subject to tax in the fund.
||Maximum tax rate or 15% plus the Medicare levy
|Taxable component: untaxed element
This is untaxed because it has not been in the super environment until after the member dies. In other words, it is the part of the death benefit that has not accumulated in super.
||Maximum tax rate or 30% plus the Medicare levy
To ensure you have binding nomination arrangements in place for your super money:
- Check that your super fund allows binding nominations and find out what nominations you have in place. If your super is with AMP, you can login to My AMP, select your super account and manage your nominations. Or you can give us call on 131 267.
- Make sure your chosen beneficiaries are eligible super beneficiaries and your will is up-to-date.
- Complete and sign a binding nomination form—in the presence of two witnesses who are not beneficiaries—then send the form to your fund.
When you’re considering who you’re going to leave your super to, think about the people that matter to you most and how tax implications may affect the amount they receive.
© AMP Life Limited. This provides general information and hasn’t taken your circumstances into account. It’s important to consider your particular circumstances before deciding what’s right for you. Although the information is from sources considered reliable, AMP does not guarantee that it is accurate or complete. You should not rely upon it and should seek qualified advice before making any investment decision. Except where liability under any statute cannot be excluded, AMP does not accept any liability (whether under contract, tort or otherwise) for any resulting loss or damage of the reader or any other person.