---
title: "Map of a superannuation death benefit nomination against dependants and the estate"
url: "https://ailawframework.com/precedents/trusts-and-estate-planning/death-benefit-nomination-map"
type: "precedent"
site: "AI Law Framework"
id: "a19-death-benefit-nomination-map"
area_id: "A19"
kind: "memo"
ai_level: "red"
version: 1
task_ids: ["A19-T1-R7"]
law_stated_as_at: "2026-10-22"
---

# Map of a superannuation death benefit nomination against dependants and the estate

> Map of whether a binding or non-binding death benefit nomination, if the fund allows one, pays a dependant or the legal personal representative. The lawyer decides. The nomination is not drafted here.

Canonical page: https://ailawframework.com/precedents/trusts-and-estate-planning/death-benefit-nomination-map  
Law stated as at: 2026-10-22

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

## Key facts

- Kind: Memo. An internal or advice memo.
- Practice area: [Trusts & Estate Planning](https://ailawframework.com/precedents/trusts-and-estate-planning.md)
- Jurisdictions: Australia, Commonwealth
- AI level: Red. You write the text. The tool writes nothing into the document. Where permitted, it may check, clarify or collect data, and anything it checks or collects is verified.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the authority it cites, for Australia and Commonwealth.

## When to use it

Use when estate instructions include superannuation and the nomination has to be read with the will. Tax treatment of the payment is a separate question. The deed of the fund was not opened.

## Used for these tasks

- [Map death-benefit and retirement-fund nominations against the deed](https://ailawframework.com/practice/trusts-and-estate-planning/map-death-benefit-and-retirement-fund-nominations-against-the-deed.md)

## How AI may be used

AI may copy the nomination and the fund's stated options into the map. The lawyer decides who can be paid and whether the nomination matches the will.

**AI may:**

- Enter the fund name, the type of nomination on the document, and its date
- List the people named on the nomination and on the will, without saying who should receive the benefit
- Flag that the fund rules have not been read

**AI must not:**

- Must not draft a binding nomination or a will clause
- Must not state that a person is a dependant
- Must not calculate tax on the death benefit

**The lawyer checks:**

- The fund rules allow the type of nomination on the document. The ATO page says funds differ
- A person who is not a dependant under superannuation law is reached, if at all, through the legal personal representative
- Dependant for who may be paid is not treated as the same as dependant for tax
- The trust deed of the fund, and any lapsing rule, are read. They were not on the ATO page that was opened

## Authorities

- [ATO, Superannuation death benefits, last updated 10 July 2026 (binding and non-binding nominations; dependant under superannuation law and under tax law; payment as a lump sum or an income stream)](https://www.ato.gov.au/individuals-and-families/super-for-individuals-and-families/super/withdrawing-and-using-your-super/superannuation-death-benefits)

## 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/trusts-and-estate-planning/death-benefit-nomination-map 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.*