Nominate a beneficiary

Leave your super to the right people

Your super doesn’t automatically become part of your estate when you die, even if you leave instructions in your will. That’s why it’s important to nominate one or more beneficiaries to receive your super.

It’s important to nominate a beneficiary

If you die, Cbus Super will pay your super and any associated insurance benefits, in accordance with the Fund’s rules and superannuation law. 

Taking steps to let Cbus Super know your wishes can make it easier for those loved ones you leave behind.

You can do this by making a binding death benefit nomination.

Watch our video to learn more about nominating beneficiaries.

The benefits of making a binding death benefit nomination

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It's legally binding

A valid binding death benefit nomination is legally binding. Cbus Super must pay your death benefit to the person or people you’ve nominated.

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It saves time

A valid binding death benefit nomination ensures your death benefit is paid quickly and directly to your chosen beneficiaries, avoiding delays and disputes.

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Support your loved ones

Rest assured your super will go to the people you have chosen without delay.

Binding death benefit nominations

You should make sure you regularly review your nomination, especially if your circumstances change (such as marriage, divorce, new children, etc). You can also change or cancel your nomination at any time.

Binding nominations must be signed and witnessed by two people who are not named as beneficiaries.

Nominations expire after three years, so you’ll need to renew your nomination if you want it to continue.

You can make a binding death benefit nomination on your account by completing the Binding death benefit nomination form (PDF) (super accounts) or the SIS binding death benefit nomination form (PDF) (income stream accounts).
If you want to renew an existing binding death benefit nomination you should complete the Renew your binding death benefit nomination form (PDF) (super accounts).

If you haven’t made any death benefit nomination

If we are notified that you have died, and you haven’t made any kind of death benefit nomination, your death benefit will be paid to either your spouse, your children or your estate in the following order of priority:

If you have a surviving current spouse – we’ll pay your entire benefit to your surviving current spouse (including same-sex, married or de facto).
If you don’t have a surviving current spouse – your benefit will be divided equally among your surviving children (including adopted and outside of marriage).
If you don’t have a surviving current spouse or any surviving children – your benefit will be paid to your estate.
In special circumstances, where we’re not able to pay your death benefit to your estate, your death benefit may be transferred to the ATO.

Non binding death benefit nomination

You can make a non-binding death benefit nomination to tell us who you’d prefer your super and any insurance benefits be paid to.

These nominations aren’t legally binding but we’ll consider who you’ve nominated. The final decision on who to pay your super and any insurance benefits to will be made by Cbus Super in accordance with Fund rules and superannuation law. We will need to determine who to pay your benefit to and in what proportions.

Because we’ll need to look into all potential dependants, a non-binding death benefit nomination may mean it will take longer to pay out your super than if you make a binding death benefit nomination, which could be more stressful for your loved ones.

You can make (or update) a non-binding death benefit nomination by logging into your member account online.

If you have an income stream account

When you open a Cbus Super Income Stream, you have the option to nominate a reversionary beneficiary instead of making a binding or non-binding death benefit nomination. This means your income stream will be paid to your current spouse (including de facto spouse and partners of the same sex) when you die.

They’ll continue to receive regular income payments until there is no money left in your income stream account. This amount will count towards your spouse’s transfer balance cap and may impact their Centrelink benefits.

If you don’t nominate your spouse as a reversionary beneficiary, you should make a binding death benefit nomination (PDF), so your remaining balance is paid to the people you choose, in the amounts you decide.

Who you can nominate

Not everyone can be nominated as a beneficiary, so it’s important to know who is eligible to receive your super. You can nominate:

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A dependant, who must be:

Your current spouse (including de-facto spouse and partners of the same sex)
Your child/children of any age (including adopted, outside of marriage and step)
Someone you’re in an interdependency relationship with (see FAQs below), or
Someone who is financially dependent on you.

Any person you nominate must still be a dependant when you die for your nomination to remain valid.

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Your legal personal representative (LPR)

This is the executor of your will, or the person who will administer your estate if you don’t have a will
This option may suit you if you want your super to go to someone who doesn’t fit within the definition of a dependant, such as a parent, sibling or close friend. You can include them in your will and nominate your LPR as your beneficiary in your super account.

Case studies

No nominated beneficiaries, but has a will

Gwen, 64 years old

Gwen assumed by making a will which includes her super that her instructions to leave her super to her children will be followed.

Scenario

Gwen has three adult children from a previous marriage that ended more than 15 years ago. She has been in a de facto relationship with David for the past 8 years. David has adult children of his own. David and Gwen live together in a unit that they purchased with no mortgage. Gwen has stated in her will that she wants her super to go to her children while David will get their unit and the rest of her estate. She has not made a death benefit nomination (either a binding nomination or a non-binding nomination).

Outcome

Instructions about super in a will are not binding on Cbus. Cbus must follow its Trust Deed rules and superannuation law in relation to the payment of a member’s super and any insurance benefits (if applicable).

As David was in a de facto relationship with Gwen at the time of her death, David is Gwen’s current surviving spouse and will receive the entire death benefit (including Gwen’s super balance and any insurance she has).

Had Gwen made a binding death benefit nomination leaving 100% of her death benefit to her legal personal representative (LPR), then her LPR could have dealt with her super as set out in her will.

Binding death benefit nomination to son

Judith, 54 years old

Judith is separating from her husband and makes a binding death benefit nomination leaving 100% of her death benefit to her son.

Scenario

Judith and her husband, Daryl have been married for 30 years but agreed to separate two years ago. They are struggling financially so have not yet divorced and still live in the same house until they can sell their home and afford to move into separate homes. They sleep in separate rooms and date other people but still split the mortgage payments and some of the household bills.

Judith makes a binding death benefit nomination to ensure her son will receive all of her super. Judith has a stroke and dies.

Outcome

Daryl learns that Judith has left her super and insurance benefit to their son, who he is not on good terms with, and he believes he has a claim. Daryl argues that because they live in the same home and are not yet divorced that he is Judith’s current spouse.

As a result of making a valid binding death benefit nomination, Judith’s death benefit is paid to her son shortly after her passing.

Non-binding death benefit nomination to daughters

Greg, 70 years old

Greg wants his two adult daughters to receive his super to help them buy their first homes if he dies unexpectedly.

Scenario

Greg and Helen have been married for 40 years and their two adult daughters are in their late twenties. Greg and Helen have a modest lifestyle with the occasional holiday and have paid off their home mortgage. Greg dies suddenly leaving a super balance of $180,000. He has made a non-binding death benefit nomination stating he wants his super split evenly between his two daughters.

Outcome

While Cbus will consider Greg’s non-binding death benefit nomination, Cbus must follow its Trust Deed and superannuation law to decide who will receive his super balance. By law, spouses are considered financial dependants and as part of the assessment, Helen is identified as a potential beneficiary. Because Greg and Helen’s daughters didn’t receive financial support from their father, they are not financial dependants.

It is determined that Helen is the beneficiary of Greg’s entire benefit. Helen believes that she will have a more comfortable retirement if she keeps most of the money and decides so give her daughters only $20,000 each after she receives Greg’s super.

If Greg had made a valid binding death benefit nomination, then Cbus would have paid $90,000 to each of his daughters as he’d wished. As Greg’s daughters are aged over 18, they are not considered dependants for tax purposes so would pay tax on any death benefit they received.

Binding death benefit nomination to husband and daughters

Chris, 62 years old

Chris makes a binding death benefit nomination to ensure his super and insurance benefits will be paid to the people he chooses if he dies unexpectedly.

Scenario

Chris and his husband Oliver have two adult daughters. They live a comfortable life, having paid off their mortgage and retired early. Their daughters have their own families and are financially secure. Chris decides that he wants his super split evenly between Oliver and their two daughters. He makes a binding death benefit nomination naming the three as equal beneficiaries. Chris is tragically killed in a car accident, but prior to his death, Oliver died of cancer and unfortunately Chris had not updated his binding death benefit nomination.

Outcome

Chris had assumed his two daughters would automatically receive half each of his super after Oliver had passed away. However, the nomination became invalid when Oliver predeceased him.

Cbus is required to assess who to pay Chris’ super to as if no binding death benefit nomination existed and considers all potential beneficiaries in accordance with the Trust Deed and superannuation law.

If Chris had updated his binding death benefit nomination when Oliver passed away and nominated his daughters to each receive 50% of his super his death benefit would have been paid to his daughters much faster.

Frequently asked questions

What is an interdependency relationship?

An interdependency relationship exists when two people (even if they are not related):

have a close personal relationship, and
live together, and
one or both of them provides the other with financial support, and
one or both of them provides the other with domestic support and personal care.

If two people, related or not, have a close personal relationship but don’t meet the other requirements, they may still be considered as ‘interdependent’ if the reason that they don’t meet the other requirements is because of the physical, intellectual or psychiatric disability of one of the people.

People who share accommodation, such as housemates, and people who provide domestic care under a contract for service are not considered interdependent.

What if I don’t nominate a beneficiary?

If you don’t nominate a beneficiary, Cbus Super will decide who your super is paid to in accordance with the Trust deed rules and super law . If we are notified^*that you have died, and you haven’t made any kind of death benefit nomination, your death benefit will be paid to either your spouse, your children or your estate in the following order of priority:

If you have a surviving current spouse – we’ll pay your entire benefit to your surviving current spouse (including same-sex, married or de facto).
If you don’t have a surviving current spouse – your benefit will be divided equally among your surviving children (including adopted and outside of marriage).
If you don’t have a surviving current spouse or any surviving children – your benefit will be paid to your estate.
In special circumstances, where we’re not able to pay your death benefit to your estate, we will consider paying to any other person, otherwise to the Australian Taxation Office as unclaimed money.

^* On or after 1 December 2025

Can I nominate a minor child to receive my super?

Yes. If a child under the age of 18 years is a beneficiary, the money will be paid into a trust fund for someone, usually their carer, to administer for the benefit of that child. Sometimes people set up trust funds in their will, and prefer to nominate their legal personal representative as the beneficiary of their super, so that the super is paid to their estate, and is funneled into the trust fund established in their will.

What if I don’t have any dependants?

You can still nominate your legal personal representative who will distribute your super in accordance with your last will, or the rules of intestacy if you don’t have a will.