Category: Coverage
A beneficiary is the person or entity who receives the life insurance payout when you die. You nominate them either directly on a retail policy or via a binding or non-binding nomination on a super-held policy. The rules differ materially between the two structures.
This is general advice only. Outside super, you nominate anyone you choose. Inside super, only SIS Act dependants or your legal personal representative (estate) can receive the benefit directly.
For retail Life Cover, you nominate beneficiaries directly on the policy. You can choose:
Multiple beneficiaries can each receive a stated percentage. The insurer pays the beneficiary directly on claim, bypassing your will and probate. If no valid nomination exists, the benefit is paid to your legal personal representative and flows through your estate.
See TAL Accelerated Protection PDS (12 December 2024), nomination section: "If the Policy is structured outside superannuation and you have validly nominated one or more beneficiaries to receive a benefit under Life Insurance, we will pay the benefit in accordance with your nomination. Otherwise, all payments made by us under the Policy will be made to you, or if you have died, to your legal personal representative." See also AIA Priority Protection PDS (Version 32, 9 November 2025), Section 9 area for the Superannuation Plan equivalent.
For super-held Life Cover, the SIS Act 1993 (s10) restricts who can receive a death benefit directly. Eligible dependants are:
If the trustee pays a death benefit to someone who is not on this list, the payment can be challenged. To direct the benefit to anyone outside the SIS dependants list (e.g. a sibling, a friend, a charity), the nomination must direct payment to your estate, and your will then directs distribution.
| Nomination type | Effect | Renewal | |---|---|---| | Binding (lapsing) | Trustee must follow; legally binding | Expires after 3 years; must be renewed | | Binding (non-lapsing) | Trustee must follow; legally binding | Permanent until changed; not all funds offer this | | Non-binding | Trustee considers but has final discretion | No expiry; trustee decides at claim |
Not every fund offers all three types. Check the fund's product disclosure statement for the available options and the form to use.
The tax position depends on the recipient and the structure. References are ITAA 1997 ss302-195 and 302-200.
The non-tax-dependant rule is the most common trap. Adult children inheriting a super-held death benefit can face material tax. Retail Life Cover outside super avoids this entirely.
Review the nomination after every major life event:
A lapsed binding nomination on the super side reverts to trustee discretion. Set a calendar reminder for the 3-year renewal if you hold a lapsing binding nomination.
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