Super doesn’t automatically follow your will. We help make sure it follows your wishes.
Binding death benefit nomination lawyer in Melbourne
It is now commonplace that a significant portion of a person’s wealth is held in ‘superannuation’, either through a Self-Managed Superannuation Fund or in industry fund/s. Dealing with your superannuation on death requires specific attention to the preparation of a properly executed Binding Death Benefit Nomination, not by your will. Work with a binding death benefit nomination lawyer who understands both superannuation law and your broader legal and financial goals. We help you make clear, structured choices about who should receive your super when you die.
Specialist family law firm
We have 40+ years of experience dealing with family law matters.
Client focused
Get the help, guidance, and legal support you need to move forward.
Commendable service
We’re ranked in the top five family law firms in Melbourne.
Open and upfront
We will clearly outline expectations and a quote for legal fees following your initial consultation.
Why people choose us for binding death benefit nominations
When it comes to superannuation, there’s little room for error. If your Binding Death Benefit Nomination (BDBN) isn’t valid and enforceable or properly integrated with your estate plan, the consequences can be unexpected resulting in confusion, unnecessary stress, or your super being paid to those you do not wish to benefit.
At Carew Counsel, we bring together decades of estate planning experience with a deep understanding of superannuation law. We help you make decisions that meet legal requirements and are tailored to your situation and long-term goals. Whether you're part of a self-managed superannuation fund (SMSF), navigating a blended family, or updating a nomination after a relationship change, we offer calm, practical advice to help you make sure your instructions are clearly and appropriately carried out.
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Legal services tailored to your binding death benefit nomination
Whether you're making your first binding nomination or reviewing an existing one, we make the process clear and legally sound. Our team ensures your instructions are valid, appropriate, and aligned with your broader estate planning goals.
Drafting or updating your nomination
We help you make a binding death benefit nomination that meets the strict requirements of superannuation law. That includes selecting eligible beneficiaries, choosing between lapsing and non-lapsing options, and making sure your nomination is correctly signed and witnessed.
Reviewing an existing BDBN
If you already have a nomination in place, we can review it in the context of your current super fund rules, relationship status, and estate plan. Many clients come to us after realising their existing BDBN is outdated or potentially invalid.
SMSFs and complex superannuation structures
We provide tailored support for members of a self-managed superannuation fund (SMSF), including advice on how your trust deed interacts with superannuation law and nomination rules. This is especially important when family, blended relationships, or business assets are involved.
Disputes and uncertain nominations
We help resolve issues where a nomination is unclear, expired, or contested. This includes cases where the trustee has discretion, where the nomination does not clearly name a legal personal representative or dependant, or where the beneficiary's entitlement is challenged.
When to seek legal help for a binding death benefit nomination
Equally as important as making sure your have a valid will, it’s best to get legal advice whenever you’re making or changing a BDBN, especially if your personal or financial circumstances have changed. Even small details, like how your nomination form is signed or whether your witnesses meet the legal criteria, can affect whether your nomination is valid. The legal framework around death benefit nominations is quite strict.
We also recommend speaking to a lawyer if you’re part of an SMSF, separated from a former spouse or de facto partner, or unsure whether your BDBN is consistent with your will and other estate planning documents. If your super is nominated to pass into your estate or is paid there by a super fund trustee where there is no valid BDBN, you may also need guidance from our probate lawyers. A small oversight can have lasting consequences.
Why work with Carew Counsel on your binding nomination
We don’t just help you fill out a form — we help you make a legally binding decision with long-term implications. Our role is to guide you through complex superannuation law and make sure your nomination does what you intend.
- We make sure your nomination is legally valid, correctly witnessed, and properly structured.
- You’ll get help choosing the right type of nomination for your super fund and your family.
- Your BDBN is integrated with your broader estate plan, including tools like a memorandum of wishes if needed.
- You’ll receive clear advice on who’s eligible, including spouses, children, and legal personal representatives.
- We help you avoid common mistakes that could invalidate your nomination or delay payment.
- Everything is explained in plain English, so you feel confident and supported.
Our solution-focused process
What our clients say
We’re proud to support clients through some of life’s most important decisions. Here’s what they’ve shared about working with our team.
"10 Stars! Very happy & relieved that I chose Carew Counsel for a family member in an extremely concerning & complicated Family Court/child protection matter. Highly professional, ethical, respectful, knowledgeable, hardworking, strategic, collaborative, communicative, caring, compassionate & child & family welfare focused. Thank you from the bottom of our hearts for helping us protect our little child."
"10 Stars! Very happy & relieved that I chose Alex Carew & Carew Counsel for a family member in an extremely concerning & complicated Family Court/child protection matter. Highly professional, ethical, respectful, knowledeable, hard working, strategic, collaborative, communicative, caring, compassionate & child & family welfare focused. Thank you from the bottom of our hearts for helping us protect our little child."
"Carew Counsel team was recommended to me by one of my friends and my case was handled by Keleigh and her team very efficiently, with quick replies, flexibility to change requests and professionally. I am highly recommending them to their future clients and can only thank them with this review for their great work."
"I would like to thank and acknowledge all the team at Carew Counsel Solicitors for representing me in my recent financial settlement matter. I highly recommend that you engage Carew Counsel Solicitors to represent you in your family law matter."
"Across my two year fight to save my son from serious harm, Alex Carew was there every step of the way. His wisdom, professionalism, empathy, meticulous notes, and steadfast negotiation yielded a result which will protect my son now, and for years to come. I can't recommend him and his firm highly enough."
"To the Carew Counsel team. I would like to thank you all for your interest, professionalism, and humanity. You enabled a very stressful process to be handled with diligence and care. I am very grateful to you all for assisting me with this."
"To the Carew Counsel team. I would like to thank you all for your interest, professionalism, and humanity. You enabled a very stressful process to be handled with diligence and care. I am very grateful to you all for assisting me with this. Most of all, a big thank you to you Jenni Mooney, for your competence, professionalism and humour. Because of you, the process was as least stressful as feasibly possible. My heart goes out to you. Carew Counsel are lucky to have you. All the best to you all."
"In what was a difficult time to go through, I'm thankful that I had the team at Carew in my corner. I received sound advice all the way through the process and felt proud of the dignified way that my case was being responded to. I would certainly recommend Madison and the team at Carew for their professionalism, experience, integrity and dedicated service."
Why clients trust Carew Counsel
We put your intentions first
Every nomination we prepare starts with understanding what matters most to you and ensuring that the legal process clearly supports that.
Decades of estate and super experience
With over 40 years of experience in estate planning and superannuation matters, we know how to protect your position with confidence.
Clear advice without the jargon
We explain everything in plain language with straightforward explanations and practical support so you always feel informed and in control.
Costs that are clear and upfront
We offer transparent pricing so you know what to expect, with no hidden fees or surprises.
Meet the lawyers who will support you
Frequently asked questions
Superannuation law can be confusing, and binding nominations are often misunderstood. In this section, we answer the questions clients ask us most often.
A binding death benefit nomination (BDBN) is a written direction to your superannuation fund trustee instructing who should receive your super when you die. If it meets legal requirements, the superannuation trustee must follow it.
A BDBN is separate to your will as your superannuation sits outside the will.
A BDBN is only valid if it is correctly structured, signed by two witnesses, and valid at the time of the member’s death. If these steps aren’t followed, the trustee of the super fund in which you hold your super may instead exercise their discretion as to who receives your super. This can cause delays, uncertainty, or disputes during deceased estate administration.
You can nominate your spouse (including a de facto spouse) your children, someone in an interdependent relationship with you, or your estate (your legal personal representative).
Some people nominate others,such as a sibling or parent as the beneficiary of their superannuation, but such a nomination may not be valid unless the person qualifies under superannuation law. Each super fund has its own rules about eligibility, and it's important to check that your nomination reflects what the fund will accept.
A binding nomination requires the trustee of your fund to pay the benefits as directed. A non-binding nomination is treated as a preference only — the trustee has discretion over where the superannuation benefit goes.
This distinction matters most when relationships change or families are complex. If the trustee has discretion, they may decide differently from what you intended. Getting legal advice helps make sure your nomination is appropriate and enforceable under your fund’s rules.
For a nomination to be legally effective, it must be signed and dated in front of two witnesses, who are over 18 and not nominated as beneficiaries. The form must be submitted to the fund and remain valid at the time of death.Some nominations expire after 3 years and unless renewed, become invalid.
If the BDBN is prepared without meeting these requirements, the trustee of your super fund may not be required to follow it. In SMSFs, the SMSF deed can impose additional rules that go beyond the default superannuation regulations.
Yes, but the rules are different. In a self-managed super fund, your BDBN is only valid if it aligns with the fund’s trust deed and governing documents as well as the requirements of Superannuation Law..
It’s common for members to make nominations they think are binding, only to find they’re invalid. A lawyer can help review the fund’s terms and ensure your instructions are enforceable, especially if you're in a de facto relationship or have a de facto spouse.
If no nomination is made, or if the nomination is invalid, the trustee of the super fund will be bound by the fund’s rules and legislation to decide who receives the super. This decision may consider dependants, family structure, and any claims made against the deceased’s super.
In some cases, the benefit is paid into the deceased’s estate, where it forms part of the overall pool of property and assets. This can delay the process, increase tax obligations, or trigger legal disputes between family members.
We recommend that you regularly review your nomination, especially after major life events like marriage, separation, the birth of a child, or changes to your super fund’s structure.
Some nominations will expire after 3 years and must be formally renewed in order to be valid and effective.
Changes that should trigger a review include:
- The intent to end the relationship with a former spouse or partner
- A change in your insurance benefits or fund provider
- Updates to your legal documents or estate planning strategy
- The death of a nominated beneficiary
Yes. In rare cases, disputes over BDBNs have reached the Federal Court, especially where there is ambiguity, family conflict, or unclear eligibility.
To reduce this risk:
- Be specific when you nominate a beneficiary
- Ensure your nomination is according to your wishes, not pre-filled or vague
- Get professional advice to check compliance with fund rules and legislation
- Use wording that confirms the trustee is required to pay the benefits as directed
- Don’t assume a BDBN can replace a full estate plan, they must work together