Superannuation death benefits dispute sparks questions on super funds' 'governing rules'
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- Опубликовано: 16 июн 2021
- Elder Law and Succession Committee Chair Darryl Browne says super funds do not have to "comply" with an individual's statements regarding superannuation death benefits if their wishes do not apply to the super's "governing rules".
The remarks come after a legal dispute erupted over the bequeathment of the superannuation death benefits of deceased Victorian court clerk Ashleigh Petrie.
"There are governing rules for a superannuation fund and if the person has made a statement about what they want and it doesn't apply with the governing rules then the superannuation fund just doesn't have to comply with that," Mr Browne told Sky News host Andrew Bolt.
"And they will go back to the governing rules and say okay if there's no statement what do we do, and the legislation essentially says superannuation on the death of the member should go to the person who is a dependant on the member at time of death.
"And the trustee of the superannuation fund will say is there anybody who fits that description and if there is they'll work out what their potential rivalry is and which of them deserve it or how much they deserve each - and make a decision from there.
"This is a case where the person, the member, didn't make a nomination that was binding so the trustee has that ability to make its own decision."
That old magistrate went back to the wife he left for that young lady within months of her death too. In my opinion - what a deplorable grub.
UMMMM but she was dead !! he never cheated on her ! get a clue .
@@iamasmurf1122 if the wife wasn’t dead first, then he cheated. Goodness me, you are a bit thick.
Apparently she has some super to gain aswell. Blue chew isn't cheap.
What goes round comes round this prick will get his.
Higgins is a low life scab, bitter about not being able to keep some of her ashes so he used a legal loophole to claim her death benefits to get back at her grieving mother, he makes over 300k a year, what on earth would he need the funds for.? he will be forever known as a total grub and the people of Bendigo should let him have it if they cross paths with him.
Choose your trustees wisely. And your partner!!
Anyone else scratching their head at how a 23 year old can have 180K in super?
Glad I'm not the only one.
Anyone know how the young woman died?
@@antonmiles8167 Suicide due to stress from the media attention on her relationship with the magistrate.
@@silvervalleystudios2486 damn...thankyou
@@antonmiles8167 Hit by a car
The one who should receive the money is her mother not the person who doesn't deserve it.!!!!
Would your opinion have been the same if he died in a couple of years and the 23 year old claimed HIS money? Which was probably her plan. Karma - a bitch on legs.
And this magistrate is supposed to be in charge of what is fair and just.
Cunning greedy heartless individual
Hmmm. And you don't think she was just as cunning, greedy, and heartless? She was hoping for a payoff herself in a couple of years when he died. What 23 year old is interested in a 70 year old, except for the money? Sounds like they were a match made in heaven.
A person's private life has nothing to do with their public life, eg employment, unless it can be proven that it adversely influenced their workplace judgement and rational decision making, actions etc on the job. Otherwise, what would you make of that Barnaby Joyce politician guy up north and the woman he abandoned his former good wife and family to shack up with? We may not approve of their private morality but that need not affect their public worthiness to do a job. How about homosexuals Parliamentarians, then? Or famous artistic performers or sports persons? Their private lives may be repugnant to many, but they can still be good at whatever they are or or do publicly. Provided they are more than just "gay" or "female" or "black" or whatever they identify as being. That's not enough. You need to be good at whatever you do.
@@db7084 But I think there was an element of love and affection between these two, even if their original motivations may have been pretty "ulterior". It's probably little different from what normal marriage couples get married for but never openly state. The men want the females' sexuality, the women want the men's money. Nobody bats an eyelid. It is just normal marriage. If it was "just true mutual love" who needs a legal contract and expensive ceremony with people over the place discussing it etc to prove it's "the real deal, true love, forever, or at least a little while, until you split up and he finds a sexier young play thing and she finds a richer old bigger likely to die sooner... You just wouldn't need to get legally married. 6ou have kids, you do as the birds do, build a nest, take turns sitting on the eggs to hatch all your little shithrad kids, then take turns hunting for worms to feed hungry sqwarking open mouths, then push them out of the nest as young fledgling s, when you've had enough of raising them right and realise this has robbed you of the best years of your life. For what to show for it all ?
I don't think so. He genuinely loved her and she him, too in her own selfish emotionally needy deranged entitled little millennial way. He made many sacrifices to be her fiance etc, especially as such an important, high status man, as his relationship with her damaged his career but he put her first, even leaving his "wife" for a juvenile, crazy mistress she was, initially. Few attached men will be moral enough to do such a thing and put their money where their mouth is, which is why mother's give daughters the wise old advice to not take up with a married or "taken" male, no matter how much he appears to desire you, or what he tells you or promises he makes or how much you want him. Only go by his actions, never his words. Make sure he is divorced and his ex well out of the way (preferably not murdered by him or his hired contract kill mates or you, the jealous lover, though.....). Why shouldn't he get the payout on her death? He is entitled to it and his wealth and status is irrelevant. He did much for this girl. He did nothing wrong by her, despite her crazy behaviour at times and took good care of her, bought her that ring, took her on nice holidays etc. She even started parking her car in his special car space allocated to him as a court judge, such was her arrogance and sense of millennial female entitlement, when all she really was was a low level, petty court clerical assistant. Not that there is anything wrong with being a low level worker type. But the arrogance... It's like she wanted toake an authority "Look at me and how important I am and you?" type statement to other more modest female workers just going about their normal work duties, parking where normal "pleb" employees park. He is under no obligation to share anything about his relationship with her with her mother. She is not legally entitled to anything. But, in his shoes, I might have offered her a small portion of the pay out and let her have some of her daughter's ashes etc to help her cope with her mother's grief over loss of an only beautiful young daughter, which would be very hard to bear. But, we don't know how well or how badly she treated her prospective "senior citizen" son 8n law who may have well been even older than her.... If it was not very welcoming, then why should he give her one bleeding cent, just because she loved her daughter? Do did he, just as much. But I do feel sorry for her loving mum and all others affected by this tragedy, including her other olderan lover she basically "used" as an emotional crutch before she latched onto the more eminent, richer, powerful magistrate better able to get her what she felt entitled to have. And the senior citizen magistrate loverman, himself and the poor you g man in his brand new vehicle he bought shortly after his divorce that hit her... Unbelievable tragedy for so many affected. I hope they can all support each other emotionally in their grief over her.
@@joebloggs619 You sound like a nut job. Get help.
It is an appalling society that steps in to override the decision of the will of the dead
So what happens when a gold-digger (male or female) deliberately and cunningly inserts themselves into a vulnerable or gullible person's life and will? Which happens more than you think, especially with the elderly. Suddenly they have a 'good friend' taking over their care, doing their finances and 'taking care' of them. Are those cunning and mercenary people rewarded, just because they manipulated and tricked someone into leaving them all their possessions? It's not as simple as just following someone's wishes in their will. Sometimes other factors are at play.
@@db7084 Horrible things but to change the entire system to prevent some negatives is surely not the best path.
There could be another alternative to prevent such outcomes besides the state overriding a will.
@@serviusm9523 I agree. But in some circumstances justice would be better served if a will COULD be overridden (like the example I gave), and some circumstances where justice would be served if it could NOT be overridden (following the wishes of the deceased). There is no easy answer - you are damned if you do, and damned if you don't.
In case its not clear from the video, EVERYBODY with superannuation (which means just about everyone with a job in Australia) should ensure that have made a BINDING DEATH BENEFIT NOMINATION in relation to their superannuation account. With this in place the trustee of the superannuation fund cannot change your wishes. Even if it is your wife/husband you want the money to go to, do it anyway as it removes any possible complications. BUT .... if you want to leave the money to someone who is not a dependent (and your parents are NOT normally classified as dependents) then nominate the executor of your will (you do have a will don't you) and the money will be distributed as stated in the will.
Simply ring your superannuation fund and tell them you want to make a 'Binding Death Benefit Nomination' for your account, and they will email you the appropriate form to complete. As simple as that .... DO IT!
www.sunsuper.com.au/superannuation/beneficiaries
Wish it was that simple check the rules they can still revoke a death binding. Send it to the executor of your will ? Prepare to get taxed. Check the rules
No, if I left my property to my son and no one should contest it no matter what
@@guyincognito6430 more than that, get a lawyer to put it I writing. But even then, will are not binding.
@@birgittabirgersdatter8082 depends how a will is written up i put a clause my family get nothing and it cant be contested
Super should go to the estate and then distributed as per the will.
Oh, so it's our money but we can't access it or have any say where it goes. But it's our money.
In the end greedy people burn in hell.
Lol, you don't muck around :)
@@lukeh3201 Sometimes it's best to get straight to the point. No sugar coating it. 😁
@@hollysmith1347 🙂
God is the judge and he is guilty of fornication , will he repent and seek righteousness ?
@@truthandlife4101 stay off the drugs. 👍
$180k super at 23 !!
Death benefit ...insurance payout
So an old guy shacks up with a young girl for a few months and then claims the money when she dies. Doesn't sound sussed at all. Nor is it at all a wonder that a 23 year old law clerk has $180k in super, I guess they're just really generous in Victoria.
SHE would have claimed HIS money when he died in a couple of years. Which was probably her plan (karma is a bitch). And superannuation usually has a death benefit attached, so that's probably where the bulk of the $180K came from.
The solicitors get all the money at the end of the day
and this is your magistrate....
let me guess. its a giraffe with red lipstick.
does she smell bad, and walk on two gimpy legs ?
does he/ she have a t-shirt that says vote for pedro?
does he/she have her middle tooth missing, and a tattoo that says, kiss me im a drongo
@Skurryy Saxkstt It's a dirty old pedro practising law from the bench.
If it was in writing and notarized then it’s final.
well apparently not according to this story
It doesn't work that way with superannuation.
so wills are almost worthless?
Electronic money is worthless when the power goes off!
gold silver food, simple as that imo
It happens all the time,these law courts are bonkers
Yes!! This is disgraceful!! What’s the point of filling in the legal requirement of beneficiaries!! If it can be disregarded. Ahhhh! So she did not make it binding.
The proper function of Law is to promote Justice.
However Lawyers have an Incentive to argue claims, regardless of Justice.
It's not difficult to fill in the form to make your wishes compulsory. Everyone should do it. I did.
People are just greedy money grabbers
Women are professionals in doing this, ALL THE TIME !! But when a man does it... on an occasion, all he'll breaks loose.
I think in this case professional boundaries were crossed.
There's a little important 'bit' missing from the story of Ashley Petrie, the 23 year old who died with the disputed superannuation payout. Her relationship with Rod Higgins (the person trying to claim the superannuation) made headline news when it was exposed in the newspapers, him being a magistrate 48 years her senior, she being a junior law clerk, etc. She died after being struck by a car at 1.00am in the morning soon after the story was exposed in the newspapers, implying it may have been suicide.
Fill in a "binding death nomination form" from your superannuation fund but you need to do this every 3 years, otherwise the sharks can circle
$180K at 23? wtf...
The bulk of it is probably the payout for the automatic death benefit which is included as part of superannuation (which you pay premiums on out of your super payment). Unless you opt out of it. She probably didn't.
It's our money??? Tell that to the Polly's. 😝
Begs the question ... why make a will in the first place...
She didn't "tragically die". She threw herself in front of a car deliberately. So many people afraid of saying the S word.
Awesome, I want 2.8million for world's first interview.
Snuff out that guy to pls....
INSURANCE COMPANIES should be made to fully implement their polices on a death of a holder. NOT stall and delay payment till they are destitute because of their sad situation.
Anyone apart from being your partner/spouse will have to pay 17% tax if your super is left to them.
imagine if it is nut cancers.. i got an excuse to stay home and smoke bongs
Unfortunately her mother is not considered a SIS dependent. Makes things messy.
Estates are too often becoming a lawyers picnic & any estate or will can be challenged no matter how superfluous or dishonest the claim.
i'll eat that pecan and macadamia pie, with custard, banana, and violet crumble or crunchie ice cream
Word is dependent /beneficiary , wonder how Family Law kids comes first as in welfare an based parent job / financial an living situation .
As in Capacity in situation could over turn legal wills if was in mentally Capacitated , just find it interesting how government always finds away milk people on superannuation .wonder how much court fees an lawyer fees are to dispute it in court.
its either a deadly ulcer, or nut cancer. i havnt decided.
There is nothing complex about this the nominated person should get the benefit
Personal possession, use and cultivation of Cannabis in Canberra is legal.. Laws allow possession of up to 50 grams per person, and is legal to grow and consume in your own home. Premier Gladys Berejiklian and Health Minister Brad Hazard want cancer patients to suffer and take dangerous narcotics instead, that often don't work Cannabis stops nausea, increases appetite and mood is better. Also can help fight the cancer, has a chemo effect. Cancer patients using Medicinal Cannabis is better than Narcotics. Medicinal Cannabis reduces neuropathic nerve and inflammatory pain, and can reduce tumour cell growth and angiogenesis, stops nausea, increases appetite and boosts mood. It is legal right across America and Europe, oncologists prescribe it and get great results. Australia, NSW won't give it to cancer patients, seemingly wanting them to suffer, and take dangerous narcotics instead with horrible side effects?
maybe i just ate too much curry
Let's face it, that 23 year old was looking for a payoff in a couple of years when he died. It's just unfortunate (for her family) that the tables were turned when she died first, and he became the one getting the payoff. Karma is a bitch.
👍💕
So wrong
Was the relationship legitimate? An engagement suggests it is. Did they live together? Then he is a beneficiary.
The guy is on a magistrates salary. He clearly doesn't need the money.
@@silvervalleystudios2486 It doesn't matter ...it is exceedingly rare that a parent is a beneficiary...most cases through the Tribunal ask for a five year pattern of proof...that's the same as saying that Tamil family seem nice, let's let them stay...
@@cathryncavaney5070 This whole thing is about opportunity. She entered into a relationship with a man 45 years her senior because of his high profile job. He took the opportunity to have companionship of a younger woman. She's took her life because of the media attention on their relationship and he took the opportunity to cash in on her super.
@@silvervalleystudios2486 it's very sad that she took her life....
First!
All love is equal, all love is love.... it's very rare that a parent would be a beneficiary .
They could be if it was left to the estate in a binding nomination and then she nominated parents in her will. I wonder what guilt the super company has for not telling her about this
@@guyincognito6430 even as a BN, most trustees would look twice
mum