Leave your super to the right people
Your super doesn’t automatically become part of your estate when you die, even if you leave instructions in your will. That’s why it’s important to nominate one or more beneficiaries to receive your super.
It’s important to nominate a beneficiary
If you die, CBUS will pay your super and any associated insurance benefits, in accordance with the Fund’s rules and superannuation law.
Taking steps to let CBUS know your wishes can make it easier for those loved ones you leave behind.
You can do this by making a non-lapsing binding death benefit nomination.
Watch our video to learn more about nominating beneficiaries.
It's legally binding
A valid binding death benefit nomination is legally binding. CBUS must pay your death benefit to the person or people you’ve nominated.
It saves time
A valid binding death benefit nomination ensures your death benefit is paid quickly and directly to your chosen beneficiaries, avoiding delays and disputes.
Support your loved ones
Rest assured your super will go to the people you’ve chosen without delay.
It doesn’t expire
Binding death benefit nominations are non-lapsing* so you don’t need to update them unless your life changes.
* As of 16 October 2026. Binding death benefit nominations made before this time lapse after 3 years, so if you want your nomination to continue after the expiry date, you’ll need to make a new non-lapsing nomination.
Binding death benefit nominations
Binding nominations can be made through your online account. This is the quickest and easiest way to make a nomination.
Watch our video to learn about making a nomination online.
You can also download and complete a Binding death benefit nomination form which must be signed by an adult witness who isn’t named as a beneficiary.
Binding nominations don’t expire but you might want to update them from time to time, like if you marry, divorce, welcome a new child into your family or if one of your beneficiaries dies.
- You can make or cancel a binding death benefit nomination through your online account
- Or by completing the Binding death benefit nomination form (PDF) (super accounts) or the SIS binding death benefit nomination form (PDF) (income stream accounts).
If you haven’t made a binding nomination
If we’re notified that you have died, and you haven’t made a binding death benefit nomination, your death benefit will be paid to either your surviving current spouse, your surviving children or your estate in the following order of priority:
- If you have a surviving current spouse – we’ll pay your entire benefit to your surviving current spouse (including same-sex, married or de-facto).
- If you don’t have a surviving current spouse – your benefit will be divided equally among your surviving children (including any adopted children).
- If you don’t have a surviving current spouse or any surviving children – your benefit will be paid to your estate.
In special circumstances, where we’re not able to pay your death benefit to your estate, your death benefit may be transferred to the Australian Taxation Office (ATO) as ‘unclaimed money’.
Note: Before 16 October 2026, members could make ‘non-binding death benefit nominations’. This type of nomination wasn’t legally binding, but we would have considered who you nominated. This type of nomination is no longer offered by the fund. To find out more about this change, please read the Significant Event Notice.
If you have an income stream account
When you open a CBUS super income stream, you have the option to nominate your spouse as a reversionary beneficiary instead of making a binding death benefit nomination. This means your income stream will be paid to your current spouse (including de-facto spouse and partners of the same sex) when you die.
They’ll continue to receive regular income payments until there’s no money left in your income stream account. After 12 months, this amount will count towards your spouse’s transfer balance cap and may impact their Centrelink benefits.
If you don’t nominate your spouse as a reversionary beneficiary, you should make a binding death benefit nomination online through the member portal or complete and return a binding death benefit nomination (PDF) form, so your remaining balance is paid to the people you choose, in the amounts you decide.
A dependant, who must be:
- Your current spouse (including de-facto spouse and partners of the same sex)
- Your child/children of any age (including adopted, outside of marriage and step)
- Someone you’re in an interdependency relationship with (see FAQs below), or
- Someone who is financially dependent on you.
Any person you nominate must still be a dependant when you die to ensure CBUS must follow your nomination.
Your legal personal representative (LPR)
- This is the executor of your will, or the person who will administer your estate if you don’t have a will
- This option may suit you if you want your super to go to someone who doesn’t fit within the definition of a dependant, such as a parent, sibling or close friend. You can include them in your will and nominate your LPR as your beneficiary in your super account.
Podcast: Planning for what you leave behind
20-minute listen
Planning for what happens to your super after you die can seem scary. This episode takes the pressure off the process by talking through:
- Being clear on your wishes
- The importance of nominating binding beneficiaries
- CBUS is working to make beneficiary nominations clearer and simpler
No nominated beneficiaries, but has a will
Gwen
Gwen is in a de-facto relationship with David. She wants to ensure her super balance goes to her daughters so she makes a will leaving her superannuation to her children.
Scenario
Gwen didn’t make a binding death benefit nomination, but assumed that the super fund would follow the directions in her will.
Outcome
Instructions about super in a will are not binding on CBUS. CBUS must follow its Trust Deed rules and superannuation law in relation to the payment of a member’s super and any insurance benefits (if applicable) paid after their death.
Gwen was in a de-facto relationship with David when she died, CBUS’ Trust Deed requires her super to be paid to her de-facto spouse.
Had Gwen made a binding death benefit nomination leaving 100% of her death benefit to her legal personal representative (LPR), then her LPR could have paid the death benefit in accordance with the terms of Gwen’s will.
Key message
Consider making a binding death benefit nomination.
Binding death benefit nomination – subsequent divorce
Judith
Judith is married to Daryl and makes a binding death benefit nomination leaving 100% of her super balance to Daryl.
Scenario
Judith and Daryl separate and then get divorced. Unfortunately, Judith has a stroke and dies.
Outcome
Judith’s divorce from Daryl is a ‘life event’ under the terms of the CBUS Trust Deed, resulting in CBUS following the order of payment rules as if no nomination exists. Because Judith had no spouse when she died and no children, CBUS paid her super to her deceased estate.
Key message
Regularly review your nomination. If you enter into a new spousal relationship (marriage or de-facto) or conceive a child, then you need to update your nomination otherwise CBUS isn’t required to follow your nomination due to the change in your circumstances. CBUS will apply the new order of payment as if no nomination existed.
Binding death benefit nomination – beneficiary dies before member
Chris
Chris makes a binding death benefit nomination appointing five of his six children as beneficiaries. His reason for not including his sixth child as a beneficiary is that this child is going through a long and complex family law separation.
Scenario
Unfortunately, one of the five beneficiaries dies, but before Chris updates his nomination, he dies unexpectedly. Chris died without leaving a current spouse.
Outcome
The death of a beneficiary means that CBUS won’t follow Chris’ nomination as the proportions payable no longer equal 100%. CBUS is required to follow the order of payment as if no nomination exists, resulting in the benefit being paid equally to the remaining five children, one of whom was still going through a family law separation. As an aside, note that if Chris had died leaving a current spouse, then CBUS would have been required to pay the super to his spouse.
Key message
If a beneficiary dies, update your nomination, otherwise CBUS won’t have to follow it.
Lapsed binding death benefit nomination to son
Jenny
Jenny has been in a long term, de-facto relationship with her partner. She made a binding death benefit nomination in January 2022 nominating only her son, to ensure he would live comfortably should she unexpectedly die.
Scenario
Jenny’s 2022 nomination expired 3 years later, in January 2025.
In late 2024 Jenny received a letter from CBUS letting her know that her nomination was due to expire soon, and reminding her to consider renewing it. Jenny was busy at work and forgot to renew the nomination and it lapsed.
In September 2026, CBUS sent Jenny another letter letting her know that due to changes to the Trust Deed effective from 16 October 2026, her lapsed nomination would be treated as if she had no nomination at all. The letter recommended that she considering making a new non-lapsing binding nomination through her online account. Once again, Jenny forgot to do this.
Jenny was involved in an accident at work and died.
Outcome
As Jenny has no valid death benefit nomination at the time of her death, CBUS is required to follow the new order of payment set out in its trust deed.
This meant that because Jenny had a surviving current spouse, CBUS paid Jenny’s entire benefit to that spouse.
If Jenny had made a binding death benefit online and nominated her son, he would have received her death benefit instead.
Key message
Consider making a binding death nomination to ensure your super goes to the person(s) you want in the proportion(s) you choose.
What is an interdependency relationship?
An interdependency relationship exists when two people (even if they are not related):
- have a close personal relationship, and
- live together, and
- one or both of them provides the other with financial support, and
- one or both of them provides the other with domestic support and personal care.
If two people, related or not, have a close personal relationship but don’t meet the other requirements, they may still be considered as ‘interdependent’ if the reason that they don’t meet the other requirements is because of the physical, intellectual or psychiatric disability of one of the people.
People who share accommodation, such as housemates, and people who provide domestic care under a contract for service are not considered interdependent.
You can nominate an interdependent as the beneficiary of your super.
What if I don’t nominate a beneficiary?
If you don’t nominate a beneficiary, CBUS will pay your super in accordance with its Trust Deed and super law. Our Trust Deed provides that your death benefit will be paid to in the following order of priority:
- If you have a surviving current spouse – we’ll pay your entire benefit to your surviving current spouse (including same-sex, married or de-facto).
- If you don’t have a surviving current spouse – your benefit will be divided equally among your surviving children (including any adopted children).
- If you don’t have a surviving current spouse or any surviving children – your benefit will be paid to your estate.
In special circumstances, where we’re not able to pay your death benefit to your estate, your death benefit may be transferred to the Australian Taxation Office (ATO) as ‘unclaimed money’.
Can I nominate a minor child to receive my super?
Yes. If a child under the age of 18 years is a beneficiary, the money will be paid into a trust fund for someone, usually their carer, to administer for the benefit of that child. Sometimes people set up trust funds in their will and prefer to nominate their legal personal representative as the beneficiary of their super, so that the super is paid to their estate, and is funnelled into the trust fund established in their will.
What if I don’t have any dependants?
You can still nominate your legal personal representative who’ll distribute your super in accordance with your last will, or if you don’t have a will, the rules of intestacy, if someone makes an application to the Supreme Court for letters of administration.
Disclaimer
All insurance (excluding the Accident and Sickness Insurance as above) is provided by TAL Life Limited ABN 70 050 109 450 AFSL 237848. The information in this insurance section provides a brief overview of the insurance types available through Cbus. It does not include all eligibility conditions for acceptance or payment of insurance benefits. For more information, we recommend you read the appropriate Product Disclosure Statement and the relevant Insurance Handbook for your membership.