If you do not want to leave your assets to a specific person, you have the option of leaving them to your estate or your personal legal representative. This would mean that it will be treated under the terms of your will if you have one or, for those who do not, under what are known as the laws of intestation.
Inheritance laws determine what happens to the estate of people who die without a will – a situation also known as a will – and although laws differ slightly between states and territories, inheritance rules generally mean that your estate is part of yours Legal counsel bypasses next of kin.
When you leave your super balance to your estate, your will has the option of determining how and to whom your super funds will be distributed, including those listed above or others outside the group of superannuation dependents defined by super laws, if you so choose. However, current instructions must be present in your will at the time of death.
You must also tell your super fund who you want to get your money (your estate or a super dependent) to by using one of two types of nominations: binding and non-binding. A Mandatory Nomination is a written notification to your fund stating who of the super-dependent group will receive your money or that your money should be distributed among your estate. It should be noted, however, that not every fund offers a binding nomination.
A no-obligation nomination, on the other hand, is a guideline or suggestion of confidence that your superpower holds about who you want your money to go to. Since it is not legally binding, your super fund is under no obligation to comply with your wishes if it thinks that there is someone who should be better off paying out the money.
How is your super credit paid out?
There are two ways of making payments to beneficiaries: a lump sum or a source of income. Generally, the beneficiary receives a lump sum, but in some cases they can choose to receive some or all of your super-savings as a source of income, also known as a death benefit.
Eligible are your spouse, a child under the age of 18, children aged 18-25 who were financially dependent on the deceased parent, or a disabled child. For children, the income stream ends when they have reached the age of 25, unless they meet the requirements for a disability, whereby the remaining benefit is paid out as a tax-free lump sum.
If you believe you are a beneficiary of a deceased person’s manager or the administrator of a person’s estate, you should contact the manager as soon as possible to inform them of the person’s death and request the manager’s release.
Do my beneficiaries have to pay taxes on my super?
Taxing super death benefits is complex and can depend on a number of factors, such as: B. whether the beneficiary is tax-dependent, whether the benefits are paid as a lump sum or as an income stream, whether the super service is tax-free or taxable and whether the provider has already paid tax on the taxable component, as well as the respective age of both the deceased and the beneficiary (only for income streams)!
To complicate matters, tax law uses a different definition of dependency than the super law, so your beneficiary may be your super dependent but will not be seen as tax dependent on you. This means that while there are groups of people who are legally able to receive death grants, only those who are taxable have the option of receiving the payment through an income stream and paying a lower tax rate on the funds.
Taxable persons include a spouse (current or former of either gender), the child of the deceased (the child must be the 18th deceased at the time of death.
Therefore, children over the age of 18 who receive death grants from their deceased parents must pay a certain tax on the money under the exclusion process. However, senior rights expert Brian Herd says the amount you have to pay depends on how the superpower is rated.
“The ‘taxable component’ of a death benefit your children receive depends on which parts are classified as taxed or untaxed,” he said. “In general, the tax can vary between 15 and 30 percent. If the estate receives the death benefit, the estate must pay the appropriate tax, which is then deducted from the beneficiary’s share of the death benefit. “
In short, if you are a dependent of the deceased and receive the super-flat rate as a lump sum, you do not have to pay tax on the taxable part. If you are not dependent on the deceased, the super amount will only be paid to you as a lump sum and the taxable part will be taxed at your marginal rate, but can be reduced through a tax offset.
For more information on how much tax you are likely to have to pay on super death benefits based on your individual situation, please visit the ATO here.
IMPORTANT LEGAL NOTICE This article is general in nature and is for informational purposes only as it does not take into account your financial or legal situation, goals or needs. That means it is not a financial product or legal advice and should not be relied on. Before making any financial or legal decision, find out if the information is appropriate for your situation and obtain independent, licensed financial services or legal advice.