You can nominate a Dependant or your legal personal representative as a binding beneficiary. If you nominate your Legal Personal Representative it is important that you have a valid Will and keep it up-to-date, as the Trustee may pay your death benefit to your estate.
Under superannuation law, your “dependants” include the following:
- Your spouse (including a qualifying de-facto spouse of the same or opposite sex);
- Your child (including a child of a spouse);
- A person in an ‘interdependent relationship’ with you; or
- Any other person who the Trustee considers was dependent on you for maintenance or support, at the date of your death.
Someone can be in an interdependent relationship with you if: you have a close personal relationship, you live together, one or each of you provides the other with financial support, and one or each of you provides the other with domestic support and personal care. Dependency can also arise where two people have a close personal relationship but don’t live together or provide each other with financial support or personal care because of physical, intellectual or psychiatric disability.