What happens when you die without a will or super beneficiary?
Written and accurate as at: Oct 06, 2026 Current Stats & Facts
Most of us have a fairly clear idea of who we would want to inherit our money. But unless we make our intentions known in a legally recognised way, these intentions may remain just that. Below, we look at what might happen when you die without a Will or a valid super beneficiary nomination, and some simple steps you can take to make your wishes clearer.
How your assets may be distributed without a will
First things first, when you die without a will it’s known as dying intestate. Each state and territory has its own intestacy rules, but generally, your assets will be distributed according to a statutory formula that considers relationships such as your spouse, children and other relatives.
That formula can sometimes produce some awkward outcomes. For example, a blended family can have a very different idea of what counts as a fair inheritance than the one produced by intestacy law. Someone you expected to inherit may receive nothing, while another relative you had no intention of supporting might all of a sudden become entitled to a share.
A few useful checks:
- Make a valid will that clearly states who you want to inherit and who should administer your estate.
- Make sure your will can be easily located by the right people.
- Take stock of jointly owned property, bank accounts, trusts and other structures that may sit outside your estate.
- Revisit your will after big life changes, such as marriage, separation or divorce, having children or a major change in your finances.
What about super?
A common misconception is that your super is covered by your will. In fact, it sits outside of your estate and comes with its own set of rules.
For starters, if you haven't made a death benefit nomination through your super fund, or you have made one but it’s invalid, it will fall to your fund’s trustee to decide who receives your super.
The trustee will consider your circumstances and relationships at the time of your death, but will ultimately distribute your money in accordance with super law. In the end, that might produce outcomes that don’t line up with your wishes.
Choosing and updating your super beneficiaries
To make sure you get this side of estate planning right, it’s good to know what kinds of beneficiary nominations you can make, as well as who you can nominate in the first place.
Super funds tend to offer binding and non-binding beneficiary nominations. A non-binding nomination tells the trustee who you’d like to receive your super, but it functions as a guide more than an explicit instruction. The trustee will take your nomination into account but it’s under no obligation to follow it to a tee.
A binding nomination provides greater certainty – provided it’s valid. Just keep in mind that many binding nominations expire after three years, so it’s worth keeping track of the expiry date and renewing or updating the nomination when needed.
Then there’s the matter of who you’re allowed to nominate. Your super death benefit can’t just go to anyone you like – it can generally only be paid directly to certain eligible beneficiaries. These include:
- Your spouse (including de facto)
- Your children of any age
- A person who is financially dependent on you at the time of your death
- A person with whom you are in an interdependent relationship
That means a sibling or parent, for example, would generally need to be financially dependent on you or in an interdependency relationship with you to qualify.
If you’d prefer your death benefit go to someone who doesn’t fall into one of these categories, you can nominate your legal personal representative. This allows your super benefit to be paid into your estate, where it can then be distributed to the people you’ve chosen in your Will.
There are several aspects to estate planning and they don't always sit in the same document. If you’re unsure whether your current arrangements will produce the outcomes you intend, consider speaking to a financial adviser or estate planning lawyer.