Who can make a death benefit claim?

Published 17 Nov 2015

While we can make as many plans for our death as possible, we can never know when our time is up. However, a significant percentage of Australians enter into specific accidental death insurance to cover their families in the event of their death.

This type of payment can help beneficiaries on a pension or insurance policy cover important bills, payments and keep up their standard of living in the absence of their loved one.

The main issue with death benefits and accidental death insurance claims is that the insurance company holds a lot of discretion when it comes to actually paying out. This can cause much stress and worry for families and loved ones who have recently experienced a loss. As such, it is important to understand who can lodge a claim to this particular part of the estate and what the process involves to receive a death benefit.

Who is a dependent?

While the specific nature of the insurance policy will differ between providers, there are clear guidelines on who can claim against the estate. This can include:

  • Legally married spouses
  • De facto partners
  • Financial dependents
  • Children
  • Interdependents
  • Same-sex partners

If you have any concerns as to whether you are eligible to make a claim, it is important to contact an expert compensation lawyer at Gerard Malouf & Partners. These professionals can analyse your specific position and ensure you have the power to take the claim further.

In some cases, this decision may already be made. Particular policies include nominations and this can be a binding factor which will be divided up through the normal estate allocation process.

Of course, in these situations, it is already clear who will receive the death benefit after your passing.

The next step

It can be an extremely stressful time after a loved one or a member of your family passes away. As such, it is important to address concerns around death benefits and accidental death insurance claims before they turn into a wider problem.

This is where the team at Superannuation Dispute can be of assistance.

Over the years, our team of compensation lawyers has successful led 98 per cent of its 16,000 cases. This is an extremely high number and highlights our dedication and commitment to our clients.

If you have a question about death benefits or wish to file a case, feel free to get in contact with our team today.

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