Probate - implication of BDBN?

Discussion in 'Wills & Estate Planning' started by qak, 3rd Jun, 2018.

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  1. qak

    qak Well-Known Member

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    If a binding death benefit nomination is made in relation to superannuation, in favour of the legal personal representative (ie Estate) does that mean the value of such superannuation is included for probate purposes? Or is superannuation always excluded?

    What if the superannuation trustee decides after probate was granted, that the superannuation will be paid to the Estate (ie they found no eligible beneficiaries)?

    ETA: in NSW if that may be of relevance.
     
    qak, 3rd Jun, 2018
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  2. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Yes, it forms part of the estate.
     
    Terry_w, 3rd Jun, 2018
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  3. qak

    qak Well-Known Member

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    Thanks, much appreciated.
     
    qak, 4th Jun, 2018
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