Australian grandparents often ask if they can pass superannuation benefits directly to grandchildren. Unfortunately, this is rarely possible
due to strict dependency rules – but there's an effective solution.
Who Qualifies for Super Death Benefits?
Superannuation death benefits can only go to specific "dependents":
- Spouses and de facto partners
- Children under 18
- People in interdependency relationships
- Financially dependent individuals
Most grandchildren don't meet these criteria for direct inheritance.
Understanding Dependency Requirements
Interdependency Relationships
Requires all four elements:
- Close personal relationship
- Living together
- Mutual financial support
- Domestic care assistance
Financial Dependency
Means relying on grandparents for essential expenses like housing, food, and clothing. Paying school fees alone doesn't establish
dependency.
The Estate Planning Solution
Since direct payments rarely work, use a binding death benefit nomination to direct super benefits to your estate instead.
How It Works
- Binding Nomination: Instructs your super fund to pay benefits to your estate
- Will Distribution: Your will then specifies how much each grandchild receives
- Bypasses Restrictions: Avoids strict dependency rules while maintaining control
Steps to Leave Super to Grandchildren
- Review Current Nominations: Check existing death benefit arrangements
- Create Binding Estate Nomination: Direct payments to your estate
- Update Your Will: Clearly name grandchildren as beneficiaries
- Seek Professional Advice: Ensure legal compliance
- Regular Reviews: Update documents as needed
Important Considerations
Tax Implications
Grandchildren are typically non-dependents for tax purposes, affecting how super benefits are taxed. Professional advice minimises tax
impacts.
Common Mistakes
- Using outdated nominations
- Misaligned will provisions
- Assuming direct payments are possible
- Ignoring tax consequences
Why Professional Advice Matters
Superannuation and estate laws are complex. Professional guidance ensures compliance while maximising inheritance value for your
grandchildren.
Conclusion
While Australian super law restricts direct inheritance by grandchildren, binding death benefit nominations combined with proper will
planning provide a reliable solution. This estate-based approach offers flexibility and control in transferring retirement savings to the
next generation.
Contact us today to discuss your superannuation inheritance strategy and secure your grandchildren's financial future.