A named service, not just a topic
Binding death benefit nomination prepared for your fund
By easySMSF, SMSF Specialist Team · Updated
Super doesn't pass through your will. A valid binding nomination is what tells your trustee where it goes — and we prepare, witness-check and store it as part of running your fund.
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Why most nominations fail
Binding nominations are rejected far more often than trustees expect, and almost never because the intention was unclear. They fail on form: the wrong witnesses, a witness who is also a beneficiary, a missing witness declaration, proportions that don't total 100%, a nomination in favour of someone who isn't a dependant under super law, or a lapsing nomination quietly out of date by four years.
The other common failure is the deed. A non-lapsing nomination only works if the trust deed expressly authorises one, and many older deeds don't. Preparing a non-lapsing nomination against a deed that requires renewal every three years produces a document that looks binding and isn't.
That is why we treat this as a deliverable rather than an article. You give us your instructions; we check the deed, prepare the nomination in the form it requires, set out exactly how it must be executed, and keep the signed original with the fund's records so the trustee can find it when it matters.
What we don't do is tell you who to nominate. Choosing between a spouse, adult children and your estate is an advice question with tax consequences — including the 17% payable by adult, financially independent children on the taxable component — and that belongs with a licensed adviser or estate lawyer.
- Deed checked before drafting — lapsing or non-lapsing, whichever your deed permits
- Prepared in the exact form your deed requires, with trustee acknowledgement
- Clear execution instructions so the witnessing is valid
- Executed original stored with your fund records
- Automatic reminder before a lapsing nomination expires
How it works
1. Tell us your instructions
Who you want to nominate, in what proportions, and whether you want it lapsing or non-lapsing.
2. We check the deed
Not every trust deed permits a non-lapsing nomination, and most set out a specific form and signing procedure. We confirm what yours allows before drafting.
3. Nomination prepared
Drafted in the form your deed requires, with the trustee acknowledgement that goes with it.
4. Signed and witnessed
You sign in front of two witnesses aged 18 or over who aren't nominated. We tell you exactly what the wording and order need to be — this is where most invalid nominations fail.
5. Stored and diarised
The executed nomination is kept with your fund records and, if it lapses, we remind you before the three years run out.
Frequently asked questions
General advice warning
Figures shown are illustrative only and based on the inputs and assumptions you provide. They are general information, not personal financial product advice. Consider your objectives, financial situation and needs, and seek personal advice from a licensed financial adviser before acting. easySMSF does not hold an Australian Financial Services Licence (AFSL).