Superannuation is not an asset owned by the will maker and is therefore not usually an asset he or she can leave in a will. During the deceased lifetime the Trustee holds the funds for the Member of the fund (now deceased). Upon the death of a superannuation fund member the superannuation funds are distributed by the Trustee to either the legal personal representative (the executor or administrator) or direct to the deceased dependants.

Until the court declares a Will to be valid there is no personal representative for the trustee to transfer funds. Therefore rather than wait for the court proceedings to finish the trustee may elect to pay the funds direct to a spouse and/or child or children or other dependant of the deceased.

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