Can I list my superannuation?

Superannuation does not automatically form part of a person’s assets under their Will. To ensure that your superannuation is transferred in the way you wish, you should contact your superannuation fund and ask about making a binding death benefit nomination.

Binding death benefit nominations can generally be made in favour of a person’s “Legal Personal Representative” (another word for their executor) in which case the superannuation would form part of that person’s estate. However, binding death benefit nominations can also be made in favour of certain dependents.

We are unable to provide legal advice about superannuation, including who your dependents might be. If you require further details about the interaction between superannuation and your Will, we recommend seeking professional advice.

This being said, it is still beneficial to list your superannuation in your Will asset inventory, so that your executor can easily identify and locate it.