Is my Super included in my Will?
It’s a common misconception—but no, your superannuation (including any life insurance attached to it) is not automatically covered by your Will.
Super is held in a trust and managed by your super fund. That means when you pass away, your super doesn’t automatically become part of your estate. Instead, it’s the trustee of your super fund who decides where your super goes—unless you’ve made your wishes clear through a valid beneficiary nomination.
You’ll need to make a beneficiary nomination with your super fund. This tells the fund who you’d like your super to go to when you pass away.
If you don’t make a nomination—or if your nomination isn’t valid—your super fund’s trustee will decide who receives your benefit. They will take into account your relationships and circumstances, but ultimately the decision is out of your hands.
You can nominate:
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Your spouse or partner
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Your children (of any age)
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Someone who is financially dependent on you
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Someone you have an interdependent relationship with
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Your legal personal representative (the executor of your Will)
Nominating your legal personal representative means your super benefit will be paid into your estate, and then distributed according to your Will.
There are two main types of beneficiary nominations:
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Binding nomination – This legally requires the trustee to follow your instructions, provided the nomination is valid and up to date. Most binding nominations expire every three years unless renewed.
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Non-binding nomination – This guides the trustee, but they ultimately decide who receives your benefit.
If you pass away without a Will:
- Your superannuation will either be distributed by the Super Fund trustees or included in your estate and distributed according to Australian intestacy laws.
- This may not align with Islamic inheritance principles.
Creating a Will ensures your superannuation is handled in line with your faith.
MuslimWills simplifies estate planning for Australian Muslims. The platform:
- Helps you create a Will that complies with Islamic and Australian laws.
- Provides guidance on how to handle superannuation in your estate.
- Offers tools like the inheritance calculator to ensure fair distribution.
By nominating your estate as the beneficiary and creating a Shari’ah-compliant Will, you can make sure your Super supports your loved ones in accordance with the teachings of Islam.