Inserting super into a will: Can you do it?

Estate plans are vital for anyone looking to pass on their wealth to a loved one or charity, especially in circumstances where family relationships are a little more complicated.

In a blog post that originated from Fitzpatricks Private Wealth’s head of technical services, Colin Lewis, he touted the importance of having an estate plan in place to ensure estate assets and interests will go to the right person in a timely manner.

Not only that, he also emphasised the importance of reviewing such a plan every five years, or earlier in the case of a major family event.

But the wealth adviser also flagged how superannuation is not an estate asset – therefore it won’t generally be able to be dealt with via a will. 

However, it may be possible where it is specifically left to the legal personal representative (LPR) – generally the estate executor.

“Your super can end up in the hands of whoever you want, but your super fund can only pay certain beneficiaries directly, as super law dictates eligible dependants,” Mr Lewis noted.

He added that only a spouse or de facto partner, children, someone financially dependent on you or someone with whom you are in an interdependent relationship can receive your super directly.

“So, if you want your super to go to someone else, say a sibling, parent, ex-spouse or charity, then you must nominate your LPR and deal with it in your will,” the head of technical services explained.

For anyone who does wish to take this path with their super, it’s even more important to ensure you have a valid will in place – and that it is up to date.

“Unfortunately, far too many Australians do not have a will,” he concluded.

For those Australians without a will, Nest Egg has reported that the drafting of one should be a priority on the to-do list of every Australian adult, regardless of their age or financial position.

You may wish to speak to us by booking an appointment or by booking a time for a chat at this link.

Article reproduce from Nest Egg by Grace Ormsby.

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Zac Zacharia (Managing Director) has been assisting clients to create wealth and secure their futures for over 14 years.

He is also an accomplished presenter and educator

Co-authoring the popular investment book, Property vs Shares.