We travel frequently. What happens to our super if we both die in an accident?

October 7, 2026 — 5:00am

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My de facto partner and I are retired and each draw a pension from our separate super funds. Our wills are up-to-date, and we both have binding death benefit nominations directing our super to the surviving partner.

We travel frequently and wonder what would happen if we died at the same time. Would our superannuation death benefits automatically form part of our respective estates and be distributed under our wills, or do we need to make additional arrangements to ensure this happens? We have asked both our financial adviser and super fund but have been unable to get a clear answer.

This is a complex issue, and there have only been a couple of private rulings on it. Ideally, you should seek advice from your estate planning lawyer.

Superannuation expert Leigh Mansell of Heffron says the succession rules in your state may determine who is considered to have died first when the actual order is unclear – for example, after an accident. If those rules apply, one spouse will be treated as having died first. I refer to that person below as Spouse 1. For Spouse 1, first check whether their fund’s deed or binding death benefit nomination requires Spouse 2 to survive Spouse 1 for a specified period, or be alive when the death benefits are paid.

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If neither requirement applies, Spouse 1’s death benefits may be paid to Spouse 2, with Spouse 2’s executor stepping into their shoes. Superannuation law........

© The Sydney Morning Herald