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Superannuation Death Benefit Objection (Australia)
Superannuation usually does not pass under a will — when a member dies, the fund trustee decides who receives the death benefit, and if there is no valid binding nomination it exercises a discretion. If the trustee proposes to pay the benefit to someone you say is wrong, you have just 28 days from the trustee's notice to object before the decision is finalised. This is Commonwealth law: only a "dependant" under the Superannuation Industry (Supervision) Act 1993 (Cth) — a spouse, child, financial dependant or interdependant — or the estate can be paid. Our template builds the objection with your dependency grounds, the argument on the trustee's discretion, an evidence schedule, and the path to the Australian Financial Complaints Authority.
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Objection to a Superannuation Death Benefit Decision
Objection Under The Superannuation Industry (Supervision) Act 1993 (Cth) · 9 June 2026
Daniel R. Okafor
8 Marlowe Street, Newtown NSW 2042
0423 778 015
daniel.okafor@email.com.au
9 June 2026
AustralianSuper Pty Ltd
Trustee of AustralianSuper
OBJECTION TO PROPOSED DEATH BENEFIT DISTRIBUTION
Michael T. Reyes · Member AS-4471902
Dear Trustee,
I, Daniel R. Okafor, being the de facto partner of the deceased member, object to the proposed distribution of the death benefit of the late Michael T. Reyes notified to me by AustralianSuper Pty Ltd as trustee of AustralianSuper. I make this objection within the 28 days allowed after the trustee's notice of its proposed decision, and I ask the trustee to reconsider before the decision is finalised.
I, Daniel R. Okafor, being the de facto partner of the deceased member, object to the proposed distribution of the death benefit of the late Michael T. Reyes notified to me by AustralianSuper Pty Ltd as trustee of AustralianSuper. I make this objection within the 28 days allowed after the trustee's notice of its proposed decision, and I ask the trustee to reconsider before the decision is finalised.
1.
THE MEMBER AND THE DECISION
Deceased member: Michael T. Reyes (member no. AS-4471902)
Date of death: 2 March 2026
Fund: AustralianSuper
Trustee's notice of proposed decision dated: 22 May 2026
My objection is due by: 19 June 2026 (28 days after the notice)
The proposed distribution I object to: The trustee proposes to pay the whole of the death benefit of approximately $290,000 to the deceased member's adult sister, on the basis that there was no valid nomination, and to pay nothing to me.
Date of death: 2 March 2026
Fund: AustralianSuper
Trustee's notice of proposed decision dated: 22 May 2026
My objection is due by: 19 June 2026 (28 days after the notice)
The proposed distribution I object to: The trustee proposes to pay the whole of the death benefit of approximately $290,000 to the deceased member's adult sister, on the basis that there was no valid nomination, and to pay nothing to me.
2.
MY OBJECTION AND WHAT I SEEK
What I say should happen: The whole of the death benefit should be paid to me as the member's surviving de facto partner and interdependant, or at the very least the substantial majority of it.
Grounds, in brief: Michael and I lived together as a couple for nine years and shared every aspect of our lives and finances. His sister lived in Perth and was not financially dependent on him. As his interdependant and de facto partner I am a dependant under the SIS Act and the trustee's discretion should favour me.
Grounds, in brief: Michael and I lived together as a couple for nine years and shared every aspect of our lives and finances. His sister lived in Perth and was not financially dependent on him. As his interdependant and de facto partner I am a dependant under the SIS Act and the trustee's discretion should favour me.
3.
TIME FOR THIS OBJECTION
A person notified of a trustee's proposed death benefit decision has 28 days from the notice to object. The trustee's notice is dated 22 May 2026, so this objection must be, and is, made on or before 19 June 2026. I ask the trustee to treat this letter as a formal objection, to reconsider its proposed decision in light of the matters below, and to give me written reasons for its final decision.
4.
MY DEPENDENCY AND THE TRUST DEED
A superannuation death benefit may be paid only to a dependant of the member or to the legal personal representative of the estate. Under section 10 of the Superannuation Industry (Supervision) Act 1993 (Cth), a dependant includes the member's spouse, any child of the member, a person who was financially dependent on the member, and a person in an interdependency relationship with the member.
My category: I am a person in an interdependency relationship with the member.
The facts that establish it: Michael and I lived together at 8 Marlowe Street, Newtown, from March 2017 until his death. We were registered as a de facto couple, held a joint mortgage and joint transaction account, and named each other as emergency contacts and beneficiaries on other accounts.
Interdependency (s 10A): an interdependency relationship requires a close personal relationship, living together, and one or each of us providing the other with financial support and with domestic support and personal care; the living-together and support requirements are relaxed where the relationship is affected by a disability or a temporary separation. We had a close personal relationship; we lived together throughout; we shared all household expenses from a joint account and each contributed to the mortgage; and we cared for each other personally, including when Michael was treated for illness in 2024 and 2025, when I was his primary carer.
My category: I am a person in an interdependency relationship with the member.
The facts that establish it: Michael and I lived together at 8 Marlowe Street, Newtown, from March 2017 until his death. We were registered as a de facto couple, held a joint mortgage and joint transaction account, and named each other as emergency contacts and beneficiaries on other accounts.
Interdependency (s 10A): an interdependency relationship requires a close personal relationship, living together, and one or each of us providing the other with financial support and with domestic support and personal care; the living-together and support requirements are relaxed where the relationship is affected by a disability or a temporary separation. We had a close personal relationship; we lived together throughout; we shared all household expenses from a joint account and each contributed to the mortgage; and we cared for each other personally, including when Michael was treated for illness in 2024 and 2025, when I was his primary carer.
5.
THE NOMINATION AND THE TRUSTEE'S DISCRETION
The basis on which the trustee must decide is this: the member left no death benefit nomination, so the trustee must exercise its discretion.
The nomination: Michael completed a preferred (non-binding) nomination in 2015 naming his mother, who has since died. He made no binding death benefit nomination, so the trustee must exercise its discretion under the fund's trust deed and the SIS Act.
Why the trustee should decide in my favour: A fair exercise of the discretion favours me. Superannuation exists to provide for those who depended on the member. I was Michael's partner and interdependant for nine years and shared his finances; his sister, while family, was independent and lived interstate. Paying the benefit to me reflects both Michael's actual life and the purpose of the death benefit.
The nomination: Michael completed a preferred (non-binding) nomination in 2015 naming his mother, who has since died. He made no binding death benefit nomination, so the trustee must exercise its discretion under the fund's trust deed and the SIS Act.
Why the trustee should decide in my favour: A fair exercise of the discretion favours me. Superannuation exists to provide for those who depended on the member. I was Michael's partner and interdependant for nine years and shared his finances; his sister, while family, was independent and lived interstate. Paying the benefit to me reflects both Michael's actual life and the purpose of the death benefit.
6.
EVIDENCE IN SUPPORT
My objection is supported by the following documents, available to the trustee on request:
1. Relationships Register certificate (NSW) (dated 2019) — our registered de facto relationship
2. Joint mortgage and council rates for 8 Marlowe Street (dated 2018-2026) — shared home ownership and living together
3. Joint transaction account statements (dated 2017-2026) — shared finances and mutual financial support
4. Statutory declarations from four friends and Michael's GP (dated May 2026) — the nature and duration of our relationship and my role as his carer
Proof of the relationship: The NSW Relationships Register certificate, the joint mortgage, nine years of joint bank statements, and statutory declarations from friends and Michael's GP confirm a continuous de facto and interdependent relationship.
Proof of financial dependency or interdependency: Joint mortgage repayments, a shared transaction account into which both our salaries were paid, shared utility and insurance accounts, and records of my unpaid care during Michael's illness in 2024-2025.
1. Relationships Register certificate (NSW) (dated 2019) — our registered de facto relationship
2. Joint mortgage and council rates for 8 Marlowe Street (dated 2018-2026) — shared home ownership and living together
3. Joint transaction account statements (dated 2017-2026) — shared finances and mutual financial support
4. Statutory declarations from four friends and Michael's GP (dated May 2026) — the nature and duration of our relationship and my role as his carer
Proof of the relationship: The NSW Relationships Register certificate, the joint mortgage, nine years of joint bank statements, and statutory declarations from friends and Michael's GP confirm a continuous de facto and interdependent relationship.
Proof of financial dependency or interdependency: Joint mortgage repayments, a shared transaction account into which both our salaries were paid, shared utility and insurance accounts, and records of my unpaid care during Michael's illness in 2024-2025.
7.
IF THE TRUSTEE DOES NOT CHANGE ITS DECISION
If the trustee confirms its decision, I may complain to the Australian Financial Complaints Authority (AFCA), which can review the trustee's death benefit decision and make a binding determination. A complaint to AFCA about a death benefit decision must be made within 28 days of the trustee's written final decision, so I ask the trustee to give me its final decision and reasons in writing. AFCA is free for complainants.
I intend to take the matter to AFCA if the trustee does not change its decision.
Further detail: If the trustee confirms its decision, I will complain to AFCA within 28 days of the written final decision. I ask the trustee to provide that decision and its reasons promptly so I do not lose that right.
I intend to take the matter to AFCA if the trustee does not change its decision.
Further detail: If the trustee confirms its decision, I will complain to AFCA within 28 days of the written final decision. I ask the trustee to provide that decision and its reasons promptly so I do not lose that right.
8.
RESPONSE REQUESTED
Please confirm in writing that you have received this objection, that you will reconsider the proposed distribution, and that the benefit will not be paid out while my objection is being dealt with. Please also give me written reasons for your final decision so that I can decide what further steps to take.
YOURS FAITHFULLY,
Daniel R. Okafor
Objector
Date: ____________________
OBJECTOR
Daniel R. Okafor
Date: ____________________
Available as a print-ready PDF or an editable Microsoft Word (.docx) file.
What Is a Superannuation Death Benefit Objection?
A <strong>superannuation death benefit objection</strong> is a formal letter to a fund trustee objecting to its <strong>proposed</strong> distribution of a deceased member's death benefit. Superannuation — often a member's largest asset once life insurance is included — generally does not form part of the estate or pass under the will. Instead, the trustee decides who receives it. Where the member left a valid binding nomination, the trustee is bound by it; where there is no valid binding nomination, the trustee exercises a <strong>discretion</strong>, identifies the people it considers eligible, and notifies them of its proposed decision. Anyone notified then has a strict window to object. This template builds that objection.
The framework is <strong>Commonwealth law</strong>. Under <strong>section 10 of the Superannuation Industry (Supervision) Act 1993 (Cth)</strong>, a death benefit can be paid only to a <strong>dependant</strong> — a spouse (married, registered or de facto), a child, a person who was financially dependent on the member, or a person in an <strong>interdependency relationship</strong> with the member — or to the legal personal representative of the estate. Interdependency (s 10A) has four elements: a close personal relationship, living together, financial support, and domestic support and personal care, with the living-together and support requirements relaxed for disability or temporary separation. Whether you fit a dependant category, and how strong your dependency is, decides the objection.
There are <strong>two strict 28-day deadlines</strong>. The first is to object to the trustee within 28 days of its notice of the proposed decision. If the trustee confirms its decision, the second is to complain to the <strong>Australian Financial Complaints Authority (AFCA)</strong> within 28 days of the trustee's written final decision — AFCA can review the decision and make a binding determination, and it is free for complainants. One important limit: AFCA <strong>cannot review a self-managed superannuation fund</strong> — an SMSF death benefit dispute is resolved in court. The template applies the path that fits your fund and preserves the deadlines.
What's Covered in This Template
The objection assembles what a superannuation trustee weighs on a reconsideration — dependency, the nomination, the evidence and the escalation path — under the Commonwealth framework.
The 28-Day Deadline, Calculated
Enter the date of the trustee's notice and the objection deadline — 28 days later — is calculated and printed, so the objection is plainly in time.
Dependency Under the SIS Act
Your category under s 10 of the Superannuation Industry (Supervision) Act 1993 (Cth) — spouse, child, financial dependant or interdependant — with the s 10A interdependency elements set out where you rely on them.
Why the Trustee Has a Discretion
The nomination position — no nomination, a lapsed binding nomination, a non-binding preferred nomination, or an invalid one — and why that leaves the trustee with a discretion the objection can influence.
The Discretion Argument
Why a fair exercise of the trustee's discretion favours you — your dependency, the member's actual circumstances, and the purpose of superannuation to provide for dependants.
Evidence Schedule
A numbered schedule of the documents that prove the relationship and the dependency — relationship certificate, shared mortgage or lease, joint accounts, statutory declarations and proof of care.
Escalation to AFCA
The path to the Australian Financial Complaints Authority and the second 28-day deadline — with the warning that AFCA cannot review a self-managed fund, where the dispute goes to court instead.
A Request That Protects Your Rights
A request that the benefit not be paid out while the objection is dealt with, and that the trustee give written reasons — so the AFCA deadline is preserved.
Word and PDF Output
Download the objection free as a PDF, or unlock Expert for the editable Microsoft Word (.docx) version and the full dependency, nomination, evidence and AFCA sections.
How to Object to a Death Benefit Decision
Five steps from the trustee's letter to an objection that is in time and on the merits.
- 1
Note the Trustee's Notice Date
Enter the date of the trustee's notice of its proposed decision — your 28 days to object runs from it, and the template calculates the deadline.
- 2
State Your Relationship and Your Claim
Your relationship to the deceased member, the fund and trustee, the proposed distribution you object to, and what you say should happen instead.
- 3
Establish Your Dependency
Your dependant category under the SIS Act and the facts that prove it — and, if you rely on interdependency, how the four elements were met.
- 4
Build the Case and the Evidence
Why the trustee has a discretion and should exercise it in your favour, with a schedule of the documents that prove the relationship and the dependency.
- 5
Send It and Watch the Deadlines
Send the objection to the trustee within 28 days, ask for written reasons, and if the decision is confirmed, complain to AFCA within 28 days (for an APRA-regulated fund) — or take an SMSF dispute to court.
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Legal Considerations
Superannuation is Commonwealth law, the deadlines are strict, and the path beyond the trustee depends on the kind of fund.
This template provides general information for people objecting to a superannuation death benefit decision in Australia and is not legal advice. Death benefit disputes turn on detailed dependency and financial evidence, fund trust deeds vary, and the deadlines — 28 days to object to the trustee, and 28 days to complain to AFCA after a final decision — are strict and easily lost. AFCA cannot review self-managed funds. If a deadline is near, or the benefit is large, see an Australian superannuation or estates lawyer immediately.
Reviewed for Australian superannuation death benefit law (Commonwealth)
Who Can Be Paid — the SIS Act Definition
A superannuation death benefit can be paid only to a <strong>dependant</strong> of the member or to the <strong>legal personal representative</strong> of the estate. Under s 10 of the Superannuation Industry (Supervision) Act 1993 (Cth), a dependant is a spouse (married, registered or de facto), a child of any age, a person who was financially dependent on the member, or a person in an interdependency relationship. An <strong>interdependency relationship</strong> (s 10A) requires a close personal relationship, living together, financial support and domestic support and personal care — relaxed where a disability or a temporary separation is involved. A person who is not a dependant and is not the estate cannot be paid.
Binding Nominations and the Trustee's Discretion
A trustee is bound by a <strong>valid binding death benefit nomination</strong>; but a binding nomination <strong>lapses after three years</strong> unless it is non-lapsing or renewed, must be properly signed and witnessed, and can only name a dependant or the estate. Where there is no valid binding nomination — none was made, it lapsed, it was only a preferred nomination, or it is invalid — the trustee must exercise a <strong>discretion</strong>, and that is where an objection has real force. Our binding death benefit nomination template is for making a nomination in the first place; this template is for objecting to a discretionary decision.
The Two 28-Day Deadlines, and AFCA
There are two strict deadlines. The first is to <strong>object to the trustee within 28 days</strong> of its notice of the proposed decision. The second, if the trustee confirms its decision, is to complain to the <strong>Australian Financial Complaints Authority within 28 days</strong> of the trustee's written final decision. AFCA can review the decision and make a binding determination, and it is free. Crucially, AFCA <strong>cannot review a self-managed superannuation fund</strong> — an SMSF death benefit dispute is resolved in court. The template applies the path that fits your fund and asks the trustee for written reasons so the AFCA deadline is preserved.
Related Australian Templates
To direct your own superannuation and avoid a discretionary decision after your death, use our binding death benefit nomination — it makes the nomination this template objects to. Where the benefit is paid to the estate, our last will and testament and grant of probate application deal with its distribution, and our family provision claim notice deals with a claim against a deceased estate where a will left an eligible person without adequate provision.
Frequently Asked Questions
Object in Time, on the Merits
Create your superannuation death benefit objection in minutes — the 28-day deadline calculated, your dependency grounds under the SIS Act, the discretion argument, an evidence schedule and the path to AFCA. Download the PDF free, or unlock Expert for the editable Word version and the full dependency, nomination, evidence and escalation sections.
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