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Common questions on understanding non-lapsing death benefit nominations


  • A non-lapsing death benefit nomination is a request by you to the trustee of FirstChoice Wholesale to pay your death benefit to the eligible person or persons nominated on your non-lapsing death benefit nomination form. The trustee is required to follow your nomination if, prior to your death, we receive your completed form and we consent to that nomination. The nomination remains valid (provided the people nominated remain eligible recipients) until you revoke or make a new nomination. This can provide you with greater certainty on who will receive your death benefit when you die.

     

     

  • To have a valid non-lapsing death benefit nomination you can only nominate your dependants and/or your legal personal representative. Your legal personal representative is the person appointed on your death as the executor or administrator of your estate.


    Your dependants are:

    • your current spouse. This includes the person at your death to whom you are married, in a relationship that is registered under a law of a state or territory, or live with on a genuine domestic basis in a relationship as a couple.
    • your child. This includes any person who at your death is your natural, step, adopted, ex-nuptial or current spouse’s child, including a child who was born through artificial conception procedures or under surrogacy arrangements with your current or then spouse.
    • any person financially dependent on you. This includes any person who at your death is wholly or partially financially dependent on you. Generally, this is the case if the person receives financial assistance or maintenance from you on a regular basis that the person relies on or is dependent on you to maintain their standard of living at the time of your death.
    • any person with whom you have an interdependency relationship and includes any person where at your death: 

    - you have a close personal relationship with this person

    - you live together with this person

    - you or this person provides the other with financial support, and

    - you or this person provides the other with domestic support and personal care.


    An interdependency relationship is not required to meet the last three conditions, if the reason these requirements cannot be met is because you or the other person is suffering from a disability.In establishing whether such an interdependency relationship exists, all of the circumstances of the relationship are taken into account, including (where relevant): 

    • the duration of the relationship
    • whether or not a sexual relationship exists
    • the ownership, use and acquisition of property
    • the degree of mutual commitment to a shared life
    • the care and support of children
    • the reputation and public aspects of the relationship (such as whether the relationship is publicly acknowledged)
    • the degree of emotional support
    • the extent to which the relationship is one of mere convenience, and
    • any evidence suggesting that the parties intended the relationship to be permanent.

     

    If you are considering relying on this category of dependency to nominate a person, you should consider completing a statutory declaration addressing these points as evidence of whether such a relationship exists. You should talk to your financial adviser for more information.

     

    Please note: If you hold a pension account that has an existing reversionary beneficiary, you are not able to make a nomination until the existing reversionary beneficiary has been evoked.

  • At the time of your death, we will contact the people you have nominated in your non-lapsing death benefit nomination to ensure that they are still a dependant or legal personal representative. We are also generally required to establish the identity of this person before paying out your death benefit.

     

    If you have nominated one or more of your dependants, they will be provided the choice of taking their proportion of the death benefit as a lump sum cash payment or, if available, a pension from FirstChoice Pension or FirstChoice Wholesale Pension. A PDS describing the features of a pension from FirstChoice Pension or FirstChoice Wholesale Pension is available on our website or by calling us.

     

    Please note, any death benefit paid to your legal personal representative must be paid as a lump sum. Also, from 1 July 2007 if you have nominated a child, the death benefit must be paid to them as a lump sum cash payment unless the child:

    • is under age 18
    • is under age 25 and is financially dependent on you, or
    • has a certain type of disability.


    If your child’s personal circumstances change so that they no longer meet one of these exceptions, we will pay the remaining account balance to them as a lump sum cash payment.


    Where your child is eligible to receive a death benefit pension, they must generally cash any remaining balance out as a lump sum by age 25, unless they remain disabled.
     

     

  • Your death benefit will be paid to your legal personal representative if:

    • at the time of your death, you have not completed or we have not received and consented to a valid non-lapsing death benefit nomination 
    • you have revoked your last non-lapsing death benefit nomination and you have not made a new non-lapsing death benefit nomination 
    • the person or persons you have nominated cannot be identified or are not your dependant or legal personal representative at the time of your death, or 
    • the trustee determines that the whole of your non-lapsing death benefit nomination is otherwise invalid.

     

    This is general information only and does not take into account your personal circumstances. Please talk to your financial adviser for more information on non-lapsing death benefit nominations and your personal estate planning needs.
     

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Disclaimer

Colonial First State Investments Limited ABN 98 002 348 352, AFS Licence 232468 (Colonial First State) is the issuer of interests in FirstChoice Personal Super, FirstChoice Wholesale Personal Super, FirstChoice Pension, FirstChoice Wholesale Pension, FirstChoice Employer Super offered from the Colonial First State FirstChoice Superannuation Trust ABN 26 458 298 557. It also issues interests in the Rollover & Superannuation Fund (ROSCO) and Personal Pension Plan (PPP) offered from the Colonial First State Rollover & Superannuation Fund ABN 88 854 638 840. This document may include general advice but does not take into account your individual objectives, financial situation or needs. You should read the relevant Product Disclosure Statement (PDS) carefully and assess whether the information is appropriate for you and consider talking to a financial adviser before making an investment decision. PDSs can be obtained from colonialfirststate.com.au or by calling us on 13 13 36.