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Can You Leave Superannuation to Grandchildren in Australia?

Posted 5 Jun

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

  1. Binding Nomination: Instructs your super fund to pay benefits to your estate
  2. Will Distribution: Your will then specifies how much each grandchild receives
  3. Bypasses Restrictions: Avoids strict dependency rules while maintaining control

Steps to Leave Super to Grandchildren

  1. Review Current Nominations: Check existing death benefit arrangements
  2. Create Binding Estate Nomination: Direct payments to your estate
  3. Update Your Will: Clearly name grandchildren as beneficiaries
  4. Seek Professional Advice: Ensure legal compliance
  5. 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  • Using outdated nominations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.


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