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.

Authorities

Read the full text

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