Is superannuation part of my estate in Queensland?

Not automatically. Super is held by the fund trustee. If you have a valid binding death benefit nomination, the trustee pays the nominated people directly and the money does not pass through your estate.

Who can I nominate in a binding death benefit nomination?

Your SIS dependants, which include your spouse, children of any age, people financially dependent on you and people in an interdependency relationship, or your legal personal representative.

Can an estranged adult child contest my will?

Yes. Children have automatic standing to bring a family provision claim, but a financially independent, estranged adult child faces real hurdles, especially where your reasons are documented.

Can a family provision claim reach super paid under a BDBN in Queensland?

Generally no. Queensland does not have notional estate provisions like New South Wales, so super paid directly to nominees under a valid nomination is generally outside the reach of a claim.

What is a testamentary trust?

A trust created by your will, where trustees hold and release an inheritance on the terms you set, rather than paying it as a lump sum.

Estranged Child, Will and Super: Options in QLD

You can direct your superannuation to some of your children and not others, and you can make a smaller gift to an estranged child in your will, but you cannot stop that child from making a family provision claim against your estate. Caller Sue asked exactly this in Legal Matters Ep 32: Police Roadside Stops Part 2 .

Superannuation Sits Outside Your Estate

Super is held on trust by the fund trustee, not owned by you personally. A valid binding death benefit nomination (BDBN) directs the trustee to pay your nominated dependants or your legal personal representative.¹ Children of any age are dependants for superannuation purposes, so nominating two of three adult children is possible.

Queensland has no notional estate provisions, so super paid directly under a valid BDBN is generally outside the reach of a family provision claim.

Check that your nomination will still be valid when it counts. Many BDBNs lapse after three years unless your fund offers a non-lapsing option, and a nomination that is not signed and witnessed correctly may be invalid. If it fails, the trustee may decide who receives the money, or it may be paid to your estate. Speak with our Wills and Estates team on (07) 5532 8777 or through our contact page .

Your Will and a Family Provision Claim

A child has automatic standing under the Succession Act 1981 (Qld) to claim that the will did not make adequate provision for their proper maintenance and support.² Standing does not guarantee success. Factors that help the estate include:

The child is an adult and financially independent
You were not supporting them financially
You considered them and left a gift you think is fair, or explained why you did not
Your reasons are documented in writing
You clearly had testamentary capacity when you made the will

A child with a significant disability or who depended on you financially is in a much stronger position. Even an unsuccessful claim costs the estate time and money.

Testamentary Trusts

A testamentary trust lets you leave funds to a child to be held by trustees and released on your terms, such as for education, housing or at set ages. It suits a beneficiary you are concerned about, although where a child manages their own finances well, a simple gift with documented reasons may be enough.

Can I leave an estranged child out of my super and will in Queensland?

Superannuation Sits Outside Your Estate

Your Will and a Family Provision Claim

Testamentary Trusts

See Also

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