The Importance of Understanding the Term, 'Legal Personal Representative'
Andrew Freer
E:
andrew@kjblaw.com.au
One of the key steps in estate planning is making a
superannuation Death Benefit Nomination. These nominations can be used to direct
where superannuation death benefits are paid after death. Only certain nominations are allowed. For example, nominations can be in favour of
spouses, partners, children, and those in an interdependent relationship. Nominations can’t be made directly in favour
of parents, siblings or friends. A nominations
can be made to direct the superannuation death benefit into a person’s estate. It is this concept that can often cause
confusion.
Superannuation providers use varying terminology when making provision for a superannuation death benefit to be directed into a person’s estate. Each fund will generally have their own version of form to be used.
Where a member wishes to direct their superannuation to their estate, the form can variously use the terms, ‘my Estate’, ‘my Executor’ or ‘my Legal Personal Representative’. Where the term, ‘my Legal Personal Representative’ is used, this is a reference to the person who will act in the role as your legal personal representative/executor under the terms of your Will, or in the absence of a valid Will, as the administrator of the estate. It is not a reference to your lawyer.
We have seen situations where superannuation members have completed their superannuation Death Benefit Nomination Form by naming their lawyer in the mistaken understanding that they are identifying their Legal Personal Representative. This has the unintended consequence of making the lawyer the recipient of their superannuation death benefit, as opposed to the person’s estate. It is important to be clear on the significant consequences that this misunderstanding can have.
Please do not hesitate to contact our office if you need any clarification or advice in relation to the making of a superannuation Death Benefit Nomination.
Andrew Freer E: andrew@kjblaw.com.auNews






