Enforce Your Rights to Claim Superannuation

In the event of death or illness most families need to access their superannuation benefit, which very often comprises most of the life savings of their loved ones.

People who may be able to claim include:

  • A spouse
  • A de facto spouse
  • Same-sex couples (if permitted by the Fund Rules)
  • A child
  • Others who were totally or partially dependant, such as certain other family members etc.

Johansson solicitors can provide expert advice on whether you are entitled to claim.

We will check your entitlements under the Fund rules, the employment contract, and the many laws that may affect your entitlement.

Very often the superannuation claim occurs after a principal family member had died, and we can advise you whether you can also dispute a will, or claim against the estate of a person who died without a will, to add strength to your claim.

If you need to make a complaint about the way the Trustee proposes to pay out the superannuation benefit, we can lodge a complaint with the Superannuation Complaints Tribunal.

We can tell you how the Tribunal operates, and prepare your case for you. We will also evaluate the strengths of others who are making a claim as well. This will ensure you have given it the best chance, and will remove much of the anxiety you would otherwise feel.

Claiming Benefits from Small Self-Managed Do It Yourself Superannuation Funds (DIY)

A person who wishes to make a claim under a DIY Fund can have many hurdles. We can help you to work out:

  • How to make a claim;
  • Whether the contributions have been correctly made and accounted for;
  • Whether the Trustee has correctly decided who is to receive the benefit;
  • What is the effect of any Beneficiary Nomination;
  • The effect of the deceased’s will;
  • How best to enforce your rights.

Our experience in superannuation, tax and disputes regarding wills and estates can help to maximise your chance of a payout. Terry Johansson, our Principal, is the only lawyer in Australia who has been accredited by both the Law Institute of Victoria and the Law Society of New South Wales as a Wills and Estates Specialist in each State.

Ask about our No Success No Fee Plan: terms and conditions apply.