---
title: "Binding death benefit nomination checklist (regulation 6.17A)"
url: "https://ailawframework.com/precedents/wills-estates-probate-and-succession/binding-death-benefit-nomination-checklist"
type: "precedent"
site: "AI Law Framework"
id: "a17-binding-death-benefit-nomination-checklist"
area_id: "A17"
kind: "checklist"
ai_level: "yellow"
version: 1
task_ids: ["A17-T1-R5"]
law_stated_as_at: "2026-10-22"
---

# 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.

Canonical page: https://ailawframework.com/precedents/wills-estates-probate-and-succession/binding-death-benefit-nomination-checklist  
Law stated as at: 2026-10-22

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

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Wills, Estates, Probate & Succession](https://ailawframework.com/precedents/wills-estates-probate-and-succession.md)
- Jurisdictions: Australia
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the 3 authorities it cites, for Australia.

## 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

- [Prepare death-benefit nomination steps against the fund deed](https://ailawframework.com/practice/wills-estates-probate-and-succession/prepare-death-benefit-nomination-steps-against-the-fund-deed.md)

## 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

## Authorities

- [Superannuation Industry (Supervision) Regulations 1994 (Cth) reg 6.17A (binding death benefit notice: who may be paid, proportions, witnesses, and the three-year lapse)](https://classic.austlii.edu.au/au/legis/cth/consol_reg/sir1994582/s6.17a.html)
- [NSW Government, Guide for executors: a superannuation death benefit is not an estate asset unless it is paid to the estate](https://www.nsw.gov.au/family-and-relationships/deaths/after-a-death/will-and-deceased-estate/guide-for-executors)
- [Supreme Court of New South Wales, Applying for a reseal of a grant: life insurance and superannuation generally do not form part of the estate, and a trustee may still require a grant](https://supremecourt.nsw.gov.au/wills-probate/applications/reseal-of-grant.html)

## 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/wills-estates-probate-and-succession/binding-death-benefit-nomination-checklist 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.*