lawyers that deal with death benefits

How Lawyers That Deal With Death Benefits Help

The death of a loved one can be very challenging. Having a consultation with lawyers that deal with death benefits can help at times like this.

Losing a loved one doesn’t always come smoothly, as there will be one challenge or the other.

One of the challenges is how to go about the potential problem of claiming the death benefits.

In these alarming economic times, you’ll prefer to avoid lawyers so you can either handle the legal matters yourself or forget about them completely.

The best advice is not to ignore lawyers, because you can’t handle things you know nothing about.

Have at least a consultation with lawyers that deal with death benefits to find out if anything can be done about your loved one’s estate.

The timely and expert counsel will justify your time and money spent on the consultation.

You’d be surprised to know that you don’t require much to be done.

Also, you may be shocked to discover that things are a mess and you’ll need time and money to take care of them.

In this article, you’ll learn more about how death benefit claim lawyers Brisbane can help.

What Is a Death Benefit?

A death benefit is simply money paid out to someone after their loved one passes away.

The money is usually given to a person they chose before their death, like a surviving spouse or family member.

The payment can come from a life insurance policy, a pension, a retirement plan, or even a workplace benefit.

For example, if a husband takes out a life insurance policy and names his wife as the beneficiary, she would receive that money after his death.

This kind of benefit is meant to offer some financial support to the surviving loved ones, whether for medical or funeral bills, or household sustenance.

Sometimes, the money is paid in huge amounts at once, and other times it can be paid monthly or yearly.

Depending on the source of the money, there may be taxes involved.

If you’re the named beneficiary (nominee), it’s quite simple to claim the death benefit.

But if more than one person believes they’re entitled to it, or if the insurance company questions the claim, that’s when the death benefit claim gets complicated.

In a situation like that, it helps to consult with a lawyer who handles death benefits.

They’ll give their expert advice and take you through the process to ensure your rights are protected.

The times are tough already, and getting a death benefit can ease some of the financial burden.

How a Superannuation Death Benefits Attorney Can Help

lawyers that deal with death benefits

Before we get into that, let’s explain what Superannuation is.

Superannuation, or Super for short, is an Australian pension program.

It’s the money you save for your retirement while you’re still working.

Your super is invested in different assets that grow your balance over time, so you can have the best possible retirement.

Now, dealing with a death benefit claim through superannuation is complex, especially when strict rules and trustee decisions are involved.

Without an experienced death benefits attorney helping you through the claim process, you can get frustrated and give up.

Death benefit lawyers are really valuable when it comes to helping you in this situation.

These lawyers know every detail of superannuation laws and can help you understand your rights and what steps to take.

Specifically, here’s how they can help:

  1. They clarify who’s entitled: A lawyer will explain who can legally receive the death benefit. This is especially helpful if the family situation is complex, like with blended families, ex-partners, or estranged relatives.
  2. They challenge trustee decisions: If the trustee’s decision on how to distribute the benefit feels unfair or doesn’t reflect the wishes of the person who passed away, a superannuation lawyer can help you fight it. They can file a formal complaint with the Super Fund or report the issue to the Superannuation Complaints Tribunal (SCT), the Australian Financial Complaints Authority (AFCA), or even take the matter to the Federal Court.
  3. They guide you on binding nominations: A lawyer can guide you on how to make a binding death benefit nomination. This tells the Super Fund exactly who should get the money, leaving less room for disputes among beneficiaries down the road.
  4. They handle insurance claims: If the superannuation fund includes insurance like life insurance or TPD (Total and Permanent Disability), your lawyer can help gather and submit everything needed for the claim, making sure it meets all the policy rules.

Reasons Why Your Death Benefit Could Be Denied

lawyers that deal with death benefits

Here are some reasons why your death benefit application was denied:

  • Not meeting the duty and uniform rules: In some veteran-related benefits, the death must have happened while the person was on duty. This doesn’t apply to all benefits, but for some, it’s a major requirement.
  • Time of Birth: Some rules only allow children born beforethe person passed away to receive benefits. If a dependent child were born after the death, they might not be eligible, depending on the policy or law involved.
  • Invalid or No Marriage: If the marriage was not legally valid, maybe due to fraud, coercion, or lack of legal paperwork, a spouse’s claim can be denied. The same applies if the couple wasn’t actually married, even if they lived together.
  • Cause of Death: Certain policies exclude specific causes of death. For example, many life insurance policies won’t pay out in cases of suicide or if the death happened under circumstances not covered by the policy.
  • Termination of Employment: Sometimes, some benefits are only active while the person is employed. If they left their job or were terminated, the benefit may no longer apply.

Sometimes, your application can be denied simply because you didn’t meet the eligibility criteria.

But in other cases, the decision-maker might have made a mistake.

If something doesn’t seem right, it’s worth getting legal advice to see if the denial can be challenged.

Conclusion

Handling the complexities of a superannuation death benefit claim takes more than just knowing the law.

It calls for real experience, strategy, and the ability to deal with sensitive family situations.

That’s why it’s so important to have a free consultation with lawyers that deal with death benefits to see if they can help before you begin your settlement claim.