Publications

In the first two parts of this series, we looked at the basics of death benefit claims, including what a claim is, who can make a claim, required documentation, timelines, and the steps to take if a claim is denied. In this third part, we focus on strategies to strengthen your claim, particularly in situations where eligibility or entitlement may be disputed, or where trustee discretion plays a significant role.

Even when you are eligible to claim a death benefit, disputes or delays can occur. Taking proactive steps to strengthen your claim can improve your chances of a successful outcome, reduce stress, and help ensure that your rights are recognised.

1. Understand the trustee’s role and discretion

When a superannuation fund or insurance company administers a death benefit, the trustee has a legal duty to act in the best interests of all eligible beneficiaries. In cases where there is no binding nomination or where multiple claimants exist; the trustee has discretion to decide how the benefit should be distributed. Key considerations for trustees may include:

• The nature of the relationship with the deceased (spouse, de facto partner, child, or other dependent).
• The financial dependence or interdependence of each claimant on the deceased at the time of death.
• Fairness and equity among potential beneficiaries based on degree of financial dependence and overall circumstances

Understanding how trustees make these decisions can help you frame your claim. Providing clear, relevant, and compelling information about your relationship and financial dependence is essential.

2. Gather comprehensive documentation

The strength of a death benefit claim often rests on the quality and completeness of the documentation provided. While the required documents were outlined in Part 1, going a step further to support your claim can make a significant difference. Documents and information to consider:

• Financial records – bank statements, joint accounts, or proof of regular financial support from the deceased.
• Living arrangements – documents showing you shared living costs or resided with the deceased.
• Correspondence – emails, letters, or other communication demonstrating the deceased intended to provide for you.
• Statutory declaration or statements – written declarations from people familiar with your relationship or dependence on the deceased.

Presenting a clear, well-organised set of documents can assist the Trustee, reduce uncertainty as to the nature of your dependent relationship and minimise the likelihood of delays.

3. Clarify your eligibility and relationship

Trustees are often required to consider both nominated beneficiaries and dependents. If you are a dependent but not a nominated beneficiary, it is important to clearly demonstrate your eligibility.

Dependents may include adult children, stepchildren, or others who were financially dependent on the deceased. Information of reliance on the deceased for essential expenses, education, or medical costs can be crucial. Spouses or de facto partners should provide proof of their relationship, which may include marriage certificates, joint property ownership, or information of shared finances. If your status as a dependent or beneficiary is not obvious, clarifying this early in the claim process can help the trustee make an informed decision and reduce the risk of disputes.

4. Prepare for potential disputes

Even with strong documentation, disputes can arise. The Trustee will make a recommendation and distribute to the parties its proposed distribution with the opportunity for review – which in some cases will involve a proposed distribution that a beneficiary wishes to consider challenging.   Preparing in advance for this possibility can save you time and stress:

• Review the proposed distribution carefully – respond to the trustee within the 28-day claims-staking period if you disagree with their proposed decision.
• Consider internal dispute resolution (IDR) – lodge a complaint promptly with the trustee if the initial decision is not satisfactory. This should ideally occur within 28-day period after final decision on distribution.
• Escalate to AFCA if necessary – understand the strict 28-day deadlines for lodging complaints with the Australian Financial Complaints Authority (ACFA) from Trustee final distribution. AFCA will send the matter back to IDR if you lodge at AFCA first.

Being proactive and meeting all deadlines is essential, as trustees and AFCA are unlikely to extend timeframes except in exceptional circumstances.

5. Get professional help

In complex death benefit claims, seeking professional advice can make a significant difference. A lawyer specialising in superannuation and insurance law can assist you in preparing your claim before the Trustee, reviewing the Trustee’s decision, preparing the necessary information for Trustee, and representing your interests in negotiations or, if required, in legal proceedings. Legal guidance can help ensure that your claim is presented clearly and comprehensively, reducing the risk of delays or disputes.

Financial advice can also be valuable, particularly in understanding the tax implications of different benefit distributions. An accountant or financial adviser can provide guidance on how lump-sum superannuation payouts or insurance components may be taxed, allowing you to plan appropriately and make informed decisions.

By obtaining both legal and financial advice, you can ensure that you are taking the right steps, submitting the correct information, and maximising the likelihood of a fair and favourable outcome for your claim.

6. Maintain clear records and communication

Maintaining clear records and communicating effectively with the trustee can significantly strengthen your death benefit claim. It is important to keep copies of all documents you submit and to maintain a detailed timeline of communications, including dates and summaries of conversations or emails. Responding promptly to any requests from the trustee for additional information is also essential, as delays can slow the claims process or create misunderstandings. Trustees are generally more likely to view claims that are well-documented and organised favourably, and clear, consistent communication can help prevent disputes among multiple beneficiaries.

Strengthening a death benefit claim requires preparation, organisation, and understanding of the trustee’s processes. Gathering comprehensive documentation, clarifying your eligibility, and seeking professional guidance can significantly improve your chances of success.

This article was published on 13 February 2026 by Carroll & O’Dea Lawyers and is based on the relevant state of the law (legislation, regulations and case law) at that date for the jurisdiction in which it is published. Please note this article does not constitute legal advice. If you ever need legal advice or want to discuss a legal problem, please contact us to see if we can help. You can reach us on 1800 059 278 or via the Contact us page on our website. If you or a loved one has been injured, use our Personal Injury Claim Check now.