reported this week that Victorian magistrate Rodney Higgins had successfully claimed his late fiancee Ashleigh Petrie’s super death benefit despite the 23-year-old’s mother being the nominated beneficiary.
The decision is currently the subject of an appeal before the Australian Financial Complaints Authority and the funds have not yet been paid. “A super fund can only consider paying someone else if they can’t locate either a dependent or estate. “I’ve seen situations where clients have made nominated a parent, friend or a niece or a nephew, as the beneficiary of their superannuation, without knowing that those people do not fall within the definition of a dependent, and the nomination is, in fact, invalid. Often the super fund will not inform the person that this is the case,” Ms Blay said.
I’m confused on how he did that when she had already nominated her Mum
We have summarized this news so that you can read it quickly. If you are interested in the news, you can read the full text here. Read more:
Law Law Latest News, Law Law Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
Magistrate who had relationship with young court clerk wins her super benefitIn the months before she died, Ashleigh Petrie bequeathed her superannuation death benefit to her struggling mother. But her fiance, who earns $324,000 a year as a magistrate, has successfully argued that he was her “dependent”.
Source: theage - 🏆 8. / 77 Read more »
Superannuation death benefits dispute sparks questions on super funds' 'governing rules' | Sky News AustraliaElder Law and Succession Committee Chair Darryl Browne says super funds do not have to 'comply' with an individual's statements regarding superannuation death benefits if their wishes do not apply to the super's 'governing rules'.\n\nThe remarks come after a legal dispute erupted over the bequeathment of the superannuation death benefits of deceased Victorian court clerk Ashleigh Petrie.\n\n'There are governing rules for a superannuation fund and if the person has made a statement about what they want and it doesn't apply with the governing rules then the superannuation fund just doesn't have to comply with that,' Mr Browne told Sky News host Andrew Bolt.\n\n'And they will go back to the governing rules and say okay if there's no statement what do we do, and the legislation essentially says superannuation on the death of the member should go to the person who is a dependant on the member at time of death.\n\n'And the trustee of the superannuation fund will say is there anybody who fits that description and if there is they'll work out what their potential rivalry is and which of them deserve it or how much they deserve each – and make a decision from there.\n\n'This is a case where the person, the member, didn't make a nomination that was binding so the trustee has that ability to make its own decision.'\n\n
Source: SkyNewsAust - 🏆 7. / 78 Read more »