Can you please tell me, if superannuation is left to family members in a Will but the deceased had tax debt, as part of the estates assets, are the family members liable to pay tax debt with superannuation that was left to them.
It is the super fund they need to contact ASAP.
if superannuation is left to family members in a Will
Super benefits are not controlled by the will - unless there is no-one who is entitled to claim directly from the super fund, or the deceased has made a binding nomination for super to go to the estate.
Distribution of estate assets is legal question, but see item 10 in
If you can claim direct from the super fund, then super benefits would bypass the estate.
Either way, if beneficiaries are not tax dependents, then there will be tax payable on the taxed element of super benefits.
Thank you so much for taking the time to read & reply.
Unfortunately my ex husband passed away last November in a fatal car accident, he left his superannuation to my Son & Daughter in his will.
His partner of 6 years told my Son & Daughter she would be using the superannuation to pay his tax debt leaving them with very little between the two of them.
I don't know much about the law or tax debts when it comes to this unfortunate event but I just want what's best & fair for my kids.
Thank you once again :-)
10 Apr 2025 · 4 min read time
8 June 2023 · 2 min read time
28 Aug 2025 · 5 min read time
1,145 views
6 replies