Challenges Obscure Path for Bequeathing Super to Charities

1

In response to Productivity Commission's suggestions, super funds have made it clear that the practicalities of such rearrangements are far from simple. One major entity in the superannuation space, the Association of Superannuation Funds of Australia (ASFA), has voiced concerns, highlighting administrative hurdles and the potential for increased responsibilities for trustees.

The complexities extend beyond mere administration. ASFA noted that trustees would be tasked with ensuring the charity's legitimate status at the time of the payment. Moreover, complicating the matter are stringent Anti-Money Laundering and Counter Terrorism Financing (AML/CTF) requirements, demanding diligent verification processes.

Such a shift is not just a matter of administrative red tape. ASFA points out that there would be a consequential legal dimension to consider. Binding death nominations to charities could entangle superannuation trustees in legal challenges often involving dependants or contestants of the deceased's estate.

Disputes may especially arise when the member's nomination seems to contradict other family or estate plans. This could include contentious judgments on a member's capacity to make a binding nomination or instances where dependants are omitted. Not only would this introduce delay in benefit distributions, but it could also embroil the Australian Financial Complaints Authority (AFCA) in escalated conflicts.

The ripple effects are clear. ASFA is of the view that a decision to ease the pathway for charity designations in super death benefits carries risks that trustees of superannuation funds would face additional legal peril. This could escalate to situations where obtaining legal counsel and managing disputes become a significant source of expense.

Revising guidelines to facilitate charitable bequests from superannuation funds is evidently hindered by considerable obstacles. The potential for additional layers of complexity, verification, and legal vulnerability indicates a need for deliberate analysis before any structural changes can be validated.

Published:Friday, 1st Mar 2024
Source: Paige Estritori

Share this news item:

Insurance News

Clear

Cyber Insurance Becomes Essential Amid Rising Digital Threats

12 Sep 2025: Paige Estritori

The recent cyberattack on Fortnum Private Wealth, accompanied by ASIC's legal action, has spotlighted the critical risks cyber threats pose to financial advice companies in Australia. With digital integration intensifying across the finance sector, the owner of Fortnum, Entireti, plans to defend the case, underscoring the necessity for ongoing vigilance in cybersecurity measures. - read more

Swiss Re Foresees Rising Premiums Amid Increasing Global Risks

10 Sep 2025: Paige Estritori

In a comprehensive analysis, Swiss Re Institute predicts that global property and casualty insurance premiums will rise in tandem with GDP over the upcoming decade. This growth is driven by amplified natural catastrophe losses, asset accumulation, and heightened economic and litigation claims inflation. The institute's report outlines the evolving insurance landscape amid increasing global risks. - read more

Insurance Council of Australia Assists NSW Flood Claimants

09 Sep 2025: Paige Estritori

In response to the devastating floods that swept across New South Wales' Mid North Coast in May, the Insurance Council of Australia (ICA) is taking proactive steps to support the affected residents. Insurers, organised by the ICA, will be meeting with flood victims in Kempsey, Taree, and Port Macquarie to provide guidance and support as they navigate their insurance claims. - read more

Ombudsman Upholds Policyholder’s Claim Despite Fraud Allegations

08 Sep 2025: Paige Estritori

A motor insurance policyholder has won a significant dispute over fraud allegations, with the industry ombudsman ruling in favour of a payout following a controversial car accident claim. The case revolved around an incident where the claimant's wife crashed at an intersection one evening, reportedly failing to yield. The lack of photographic evidence due to shock and subsequent involvement of towing services complicated matters. - read more

NM Insurance Secures Growth with Five-Year Zurich Partnership

05 Sep 2025: Paige Estritori

In a strategic move set to bolster its market position, NM Insurance has announced a five-year agreement with capacity provider Zurich, positioning itself for further growth and increased broker confidence in its success. Since its establishment two decades ago as Nautilus Marine Insurance Agency, NM Insurance has expanded its focus beyond the recreational boat market in Australia, branching into New Zealand and diversifying into the commercial marine, caravan, and motorcycle sectors. - read more

Empower Your Cyber Knowledge with CFC's Free Masterclass

03 Sep 2025: Paige Estritori

In an era where cyber threats are increasingly sophisticated, CFC Underwriting Limited has unveiled a unique opportunity for brokers to fortify their expertise through its newly launched Cyber Masterclass. This initiative offers a flexible, on-demand video learning series designed to advance brokers into proficient cyber insurance specialists at their convenience. - read more

Click for more Insurance News