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  • What to do if the superannuation fund paid the death benefit to the wrong person?

If you believe you are entitled to receive the death benefit you must see a lawyer without delay and seek advice how to seek an internal review with the superannuation fund.

You should explain the reasons why you believe the decision made by the superannuation fund was wrong and also provide supporting documents to prove your relationship with and dependency on the deceased.

If you are still not happy with the decision of the superannuation fund, then you may apply to the Superannuation Complaints Tribunal within 28 days.

Superannuation Complaints Tribunal

The Superannuation Complaints Tribunal can handle complaints about regulated funds. The tribunal cannot deal with complaints about self-managed funds.

Information needed:

  • type of fund the deceased was a member of – contact the fund if unsure
  • copy of the will or grant of probate or letters of administration

It is important that you try to resolve your dispute directly with the fund first before lodging your complaint with the Superannuation Complaints Tribunal.

After you file your application and supporting documents with the Superannuation Complaints Tribunal, the tribunal will arrange a telephone conference with the parties to try to resolve the complaint by conciliation.

If the complaint cannot be resolved, the tribunal will consider the written evidence of the parties at a review meeting. The tribunal will inform the parties of the decision in writing.

Icon – alert You may appeal the decision of the tribunal to the Federal Court within 28 days of the decision, on limited grounds. Before lodging an appeal, you should get legal advice.

For more information or to lodge a complaint, go to the Superannuation Complaints Tribunal website. ​