Many people assume their will covers everything they own. Superannuation is often different. Super is commonly controlled by the fund’s rules and your nomination — not just your will.
Why super can sit outside the will
Super is held in a trust structure. The trustee may have discretion about who receives benefits unless there is a binding nomination.
Common issues people miss
- Outdated nominations after separation
- No nomination (leading to trustee discretion)
- Assuming the will overrides super fund rules
- Not coordinating nominations with the broader estate plan
Frequently asked questions
Should I update my nomination after separation?
Often yes. It’s a common estate planning review point after relationship changes.
Can super be paid into the estate?
Sometimes, depending on nomination type and trustee decision-making.
This article is general information and not legal advice.