---
title: "Binding death benefit nomination (SMSF and APRA-regulated fund variants)"
url: "https://ailawframework.com/precedents/superannuation/binding-death-benefit-nomination"
type: "precedent"
site: "AI Law Framework"
id: "a27-binding-death-benefit-nomination"
area_id: "A27"
kind: "form"
ai_level: "yellow"
version: 1
law_stated_as_at: "2026-10-17"
---

# Binding death benefit nomination (SMSF and APRA-regulated fund variants)

> Original binding death benefit nomination with SMSF and APRA-fund variants, witness declaration, trustee acknowledgement and validity checklist, so the benefit goes where the member intends.

Canonical page: https://ailawframework.com/precedents/superannuation/binding-death-benefit-nomination  
Law stated as at: 2026-10-17

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

## Key facts

- Kind: Form. A form to complete, or a guide to completing an official one.
- Practice area: [Superannuation](https://ailawframework.com/precedents/superannuation.md)
- Jurisdictions: Australia
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-17
- Status: Maintained. Checked on 2026-10-17 against the 7 authorities it cites, for Australia.

## When to use it

Use when a member wants to bind the trustee about who receives their super on death. For an APRA-regulated fund, use the fund's own form where it requires one and use this precedent as the checklist. Not for reversionary pensions or non-lapsing nominations unless the deed allows them.

## How AI may be used

AI may prepare a first draft and checklist from the deed and the member's instructions. Validity turns on the specific deed, the facts of dependency and correct execution, which the lawyer must confirm.

**AI may:**

- Draft the nomination from the deed clause and the member's written instructions
- Extract the deed's nomination formalities into the Part D checklist with clause references
- Check that shares total 100% and that names and dates of birth match the identity documents

**AI must not:**

- Must not decide whether a nominee is a dependant or in an interdependency relationship
- Must not confirm that the nomination is valid or supervise its execution
- Must not receive the member's family, health or estate details in a tool whose terms allow training on inputs

**The lawyer checks:**

- The deed version in force and its nomination clause, read in full
- Witness eligibility and that both witnesses were present when the member signed
- Dependant status of each nominee and the tax consequences
- Consistency with the will and any reversionary pension

## Authorities

- [Superannuation Industry (Supervision) Act 1993 (Cth) s 59(1A)](https://www.legislation.gov.au/C2004A04633/latest/text)
- [Superannuation Industry (Supervision) Act 1993 (Cth) s 10(1) (definition of 'dependant') and s 10A (interdependency relationship)](https://www.legislation.gov.au/C2004A04633/latest/text)
- [Superannuation Industry (Supervision) Regulations 1994 (Cth) reg 6.17A](https://www.legislation.gov.au/F1996B00580/latest/text)
- [Hill v Zuda Pty Ltd 2022 HCA 21](https://www.hcourt.gov.au/cases-and-judgments/cases/decided/case-p482021)
- [Income Tax Assessment Act 1997 (Cth) s 302-195 (death benefits dependant)](https://www.legislation.gov.au/C2004A05138/latest/text)
- [Succession Act 2006 (NSW) Ch 3 Pt 3.3 (notional estate orders)](https://legislation.nsw.gov.au/view/html/inforce/current/act-2006-080)
- [Corporations Act 2001 (Cth) s 127](https://www.legislation.gov.au/C2004A00818/latest/text)

## Official form

[Official form](https://www.hcourt.gov.au/cases-and-judgments/cases/decided/case-p482021)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/superannuation/binding-death-benefit-nomination and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

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