Separate an NSW relatives claim from the superannuation death-benefit file
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the trustee papers and any relatives claim the lawyer marks, make one list of the section 4 relatives and a separate list of the people named for the superannuation death benefit. Do not treat one list as the other, and do not deduct the superannuation sum in the relatives assessment.
- What the lawyer must review
- Keep the section 4 relatives separate from the people named under the deed.
- Section 3(3) says an insurance sum and a superannuation sum are not taken into account in the relatives assessment.
- The action is brought by the executor or administrator. Do not add a claimant who is outside section 4.
- Keep medical details in the firm's system. Apply ASCR rule 9, APP 11, and the Privacy Act notifiable-breach test.
- Written for / version
- New South Wales versionNSWUS
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Compensation to Relatives Act 1897 (NSW), kept separate from a superannuation death-benefit claim
Produce. Two lists: section 4 relatives, and people named in the trustee papers. No deduction of the superannuation sum.
Have ready. Trustee papers and the deed extract the lawyer marks; Death certificate and family details the lawyer accepts; Any relatives claim already on the file.
Example of the limit. Illustrative example: A brother is named in section 4 but is not named in the trustee papers. The tool puts him only on the relatives list. It does not subtract a superannuation payment from the relatives claim.
Stop and hand it back when
- The executor or administrator is not identified.
- The deed class and the section 4 class have been written as one list.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the trustee papers and any relatives claim the lawyer marks, make one list of the section 4 relatives and a separate list of the people named for the superannuation death benefit. Do not treat one list as the other, and do not deduct the superannuation sum in the relatives assessment. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Section 3(1) gives an action where death was caused by a wrongful act, neglect or default that would have entitled the deceased to sue if death had not ensued.
- Section 4(1) is for the benefit of the spouse, brother, sister, half-brother, half-sister, parent and child. The executor or administrator brings the action. More than one spouse are separate parties.
- Section 3(3)(a) and (b) say a sum paid or payable on the death under a contract of insurance, and a sum paid or payable out of a superannuation, provident or like fund, shall not be taken into account. Read the rest of the subsection.
- Do not copy either list into the other. No superannuation dependant definition was opened.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Letter to a superannuation fund trustee requesting information and documents (Corporations Act s 1017C) | Letter | AI use Yellow | A request to a superannuation fund trustee for the information a member or beneficiary reasonably needs to understand their benefit entitlements, plus copies of the trust deed, insurance policy and claim documents, with the one-month response expectation in s 1017C(8). |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Compensation to Relatives Act 1897 (NSW) section 3 · 2026-10-23
- Compensation to Relatives Act 1897 (NSW) section 4 · 2026-10-23
Section 3(2) allows recovery of reasonable funeral or cremation expenses and the reasonable cost of a headstone or tombstone. No external-dispute time limit for the trustee's death-benefit decision was opened.