---
title: "Separate an NSW relatives claim from the superannuation death-benefit file"
url: "https://ailawframework.com/practice/superannuation/build-a-death-benefit-claim-file-from-the-trustee-papers/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A27-T1-R4-NSW"
practice_area: "Superannuation"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Separate an NSW relatives claim from the superannuation death-benefit file

> 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.…

Canonical page: https://ailawframework.com/practice/superannuation/build-a-death-benefit-claim-file-from-the-trustee-papers/new-south-wales  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Superannuation](https://ailawframework.com/practice/superannuation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 | New South Wales |
| Applies to | [Build a death-benefit claim file from the trustee papers](https://ailawframework.com/practice/superannuation/build-a-death-benefit-claim-file-from-the-trustee-papers.md) |

## Checking plan

**Verify against sources**

The lawyer keeps the Compensation to Relatives Act class, and the superannuation death-benefit class, as two lists.

- What the AI does: 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 does: Decide who is a relative for the Act and who is entitled under the deed. Advise on the trustee's decision.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. 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.
2. 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.
3. 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.
4. Do not copy either list into the other. No superannuation dependant definition was opened.

## Notes

- 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.

## Practical guide

Jurisdiction: Compensation to Relatives Act 1897 (NSW), kept separate from a superannuation death-benefit claim

**Deliverable**: Two lists: section 4 relatives, and people named in the trustee papers. No deduction of the superannuation sum.

**Inputs**

- 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**: 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 escalate when**

- The executor or administrator is not identified.
- The deed class and the section 4 class have been written as one list.

Checked 2026-10-23.

## Sources

- [Compensation to Relatives Act 1897 (NSW) section 3](https://classic.austlii.edu.au/au/legis/nsw/consol_act/ctra1897288/s3.html) (checked 2026-10-23)
- [Compensation to Relatives Act 1897 (NSW) section 4](https://classic.austlii.edu.au/au/legis/nsw/consol_act/ctra1897288/s4.html) (checked 2026-10-23)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Letter to a superannuation fund trustee requesting information and documents (Corporations Act s 1017C)](https://ailawframework.com/precedents/superannuation/information-request-to-super-fund-trustee-s1017c.md) | Letter | 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… |

Signed-in accounts can read the full text of each one.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*