Checklist · Wills, Estates, Probate & Succession
Binding death benefit nomination checklist (regulation 6.17A)
A checklist for a death-benefit notice under regulation 6.17A: the fund rules must allow it, the payees and proportions must be certain, and the witness formalities must be met.
- Kind
- Checklist. Steps or checks to work through and tick off.
- Where it applies
- Australia
- AI use
- Yellow You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at
- 22 October 2026
- Status
- Maintained. Checked on 22 October 2026 against the 3 authorities it cites, for Australia.
- Version
- 1
- Source
- Written for this library
When to use it
Use when preparing or reviewing a member's notice to the trustee about who is to receive a superannuation death benefit. Read the fund deed. Do not treat the notice as a will.
Used for these tasks
Each task page says how far AI may help with the task and what the lawyer must review.
How AI may be used
AI may compare a draft notice with the witness, proportion and lapse rules; the practitioner reads the deed and decides whether each payee is a dependant or the legal personal representative.
AI may
- Check a draft notice for writing, signature, date, two witnesses, and proportions that add to the whole benefit
- Flag a notice that is more than three years from the last signature, confirmation or amendment
- Remind the user that the NSW pages say a death benefit is generally not an estate asset unless it is paid to the estate
AI must not
- Must not decide that a person is a dependant; the definition was not opened with this regulation
- Must not say that a non-lapsing nomination is valid
- Must not complete the notice for the member, or witness it
The lawyer checks
- The governing rules permit a notice of this kind, and the member was given the information subregulation (3) requires
- Each payee is the legal personal representative or a dependant, as the deed and the regulation use that word
- The witness rules in subregulation (6) are met, and neither witness is named in the notice
- Regulations 6.17B, 7A.17 and 7A.18, which reg 6.17A is subject to, have been read; they were not opened for this checklist
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
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