Maria Tzannes, Solicitor and Barrister, Antunes Lawyers and Advocates
Caite Brewer, Callinan Chambers, Barrister and Angela Cornford-Scott, Director, Cornford-Scott Lawyers (Qld)
Morgan Solomon, Director, Solomon Hollett Lawyers (WA)
Katrina Nitschke, Principal, Wills Direct (SA)
Maria Dwyer and Christine Schokman, Senior Associates, Ogilvie Jennings Lawyers (Tas)
Andrew Freer, Director and Erin Bedford, Associate, KJB Law (ACT)
Superannuation
Considering and dealing with superannuation is an important part of estate administration because it may or may not be classed as an asset of an estate. The trustee of the superannuation fund may have the discretion as to whom it pays the superannuation benefit to. The process for claiming superannuation benefits is discussed. Different rates of taxation apply depending on who receives the superannuation and/or death benefit insurance.
See Superannuation.
Insurance
Life insurance may also be payable to an estate or direct to dependants via an insurance policy entered into by the deceased whilst they were alive.
If payment is made to an estate it is protected from being used towards payment of unsecured debts of the estate, other than funeral, testamentary and administration expenses. Protection can be waived by way of a contract or charge by the deceased while they were alive.
There may also be refunds due to the estate for pre-paid insurance premiums, for example vehicle insurance, private health insurance, home insurance and life insurance.
See Insurance.