When a loved one passes away, one duty of the Personal Representative (the Executor or Administrator) is to locate and collect the deceased’s assets. This typically includes finding superannuation.
How do I find out if someone had super?
Most Australians under the age of 55 who have held employment (other than self-employment) are likely to have some superannuation.
If you are not sure where to start a superannuation lawyer can help you to get on the right path to receiving your inheritance as soon as possible.
Where to find lost super for a deceased estate
The Australian Taxation Office (ATO) can provide information it has about the deceased’s income, assets and superannuation.
However, this information may only be provided to the Legal Personal Representative of the Estate. This person is usually either the Executor of the Will or if there is no valid Will, the Administrator appointed by the Supreme Court. For details about how an Administrator is appointed, see our overview of Estate Administration.
This information may also be provided to a solicitor acting for the Personal Representative.
What information will I need to provide?
The ATO may request evidence of your authority to administer the estate. To prove you are legally authorised to receive information about the deceased you or your lawyer will need to provide a certified copy of the grant of probate or letters of administration.
Note: existing authorities such as a Power of Attorney end on death. This means that even if the ATO previously held authority to release information to an Attorney, upon death they are no longer authorised to disclose information to anyone other than the Personal Representative, and their lawyer or accountant in most cases.
What Information can I Get?
The ATO may at its discretion release information to the Personal Representative including:-
- individual tax return information for the last 3 income years
- an extract of notices of assessment, income and investment data for the last 3 income years
- a copy of the most recent statement of account
- any outstanding debts with the Tax Office
- any superannuation accounts identified
Claiming superannuation of a deceased relative
Superannuation is not treated as an asset of the estate. You should check if the deceased made a Binding Death Nomination (BDN) specifying who their superannuation was to to be left to. If there is no BDN, the trustee of the superannuation may decide who to distribute the superannuation to. Usually this is the deceased’s spouse, children or financial dependents. By now most people have heard of the troubling instances where a trustee has awarded the benefit to a de facto the rest of the family were completely unaware of. We recommend you create a BDN today.
If you need help finding or making a superannuation claim for a deceased estate, contact us for help from an experienced Brisbane Estate Lawyer. We offer a free 30 minute consultation and case assessment.
