Superannuation Death Benefit Disputes

For caring, expert legal support in Brisbane, Logan, ipswich and surrounds.

Disputing Deceased Super

Unhappy with how a super fund has allocated superannuation death benefits or life insurance to be paid? Experienced with the complaint process of various super funds and the Australian Financial Complaints Authority (AFCA), we can help you through the complaint process.
  • You need helping lodging a death benefit claim with a superannuation fund  
  • You’re disappointed about the super fund’s decision  
  • Someone has complained about a super fund’s decision in your favour and you’d like to know next steps 
  • You want to achieve an amicable settlement  
  • You want to maintain family relationships 
  • You want to reduce the impact of legal costs on your inheritance 

We offer fixed fees so our focus is on resolving disputes in an efficient and cost-effective way rather than how many billable hours we can charge. 

Once we meet with you and get an understanding of your case, we’ll provide you with a tailored fixed-fee proposal for various stages of your claim. This means you know what you will pay from the start and there are no ‘uh-oh moments’ when the bill comes. 

No Win No Fee* and Deferred Fees 

Not many people can afford to pay a lawyer but we believe strongly that everyone has the right to access legal services, despite their financial circumstances. In most cases, we’ll act on a No Win No Fee* basis or defer payment of our legal cost to suit your financial circumstance.  

Here are some blogs we’ve written to help: 

(Link to blog about superannuation death benefit claims) 

(Link to blog about how to track down a deceased person’s superannuation)  


Get assistance with a superannuation death benefit claim.

How it works:

Get clarity on what you need by booking a free chat.
Get a plan by attending your initial strategy and recommendation meeting with us.
Get support. We’ll walk with you through the whole process ahead.

FAQ

  • If you have an entitlement to an estate, you won’t have to pay your fixed fees until you receive your entitlement from the estate.  
  • If you are an executor or administrator of an estate, we can defer payment of our fixed fees until assets are received by the estate.  
  • We may ask you to pay money towards expenses such as court filing fees. 
  • Terms and conditions apply and can be provided on request.  
  • No Win No Fee means that you only pay our fees if you are successful in your estate or superannuation death benefit claim.  
  • Sometimes there may be expenses such as court filing fees that will be payable by you whether you are successful or not. Once we’ve assessed your matter, we will tell you what these expenses might be.  
  • If you aren’t successful, you may be required to pay your opponent’s legal costs. 
  • We do not charge an ‘uplift fee’ or a percentage of the amount you receive from your claim by acting on a No Win No Fee basis. We simply charge our fixed fees which you only pay if you are successful. Terms and conditions apply and can be provided on request.  
  • Our wills and estate planning packages are designed to meet most circumstances. However, if we identify that your circumstances require more than what is included in our estate planning packages (e.g. you require an interpreter, there are concerns about your capacity to make a will or enduring document, or you need to change the way you own a property with someone) we will provide you with a tailored fixed fee. 
  • The ‘Just the grant’ and ‘Probate plus’ packages are not suitable for complex applications for a grant such as a grant of a lost will, a grant of an informal will (i.e. a will that doesn’t meet the formal requirements of a valid will), a limited or urgent grant. We will provide you with a tailored fixed fee proposal if these circumstances apply. 
  • If a renunciation is required because an executor does not want to act or none of the named executors are applying for the grant and letters of administration with the will are required, our fixed fee will increase by $275 inc GST. 
  • Our estate planning packages are for Queensland clients only.
  • Our estate administration and probate packages are for Queensland estates only.

It’s always best to have your will and other estate planning documents in place before unexpected circumstances happen. We understand that this isn’t always the case and you might require your will or other estate planning documents on an urgent basis. Because we will prioritise your work, we charge an additional fixed fee of $295 if there is any urgency to your estate planning.   

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