Here's something that surprises most people: your Will does not automatically control who receives your superannuation. It's one of the most commonly misunderstood parts of estate planning in NSW.
Why super works differently
Superannuation isn't legally considered part of your estate. It's held in trust by your super fund, and the fund's trustee decides who receives it when you die — unless you've told them otherwise.
How to actually direct where your super goes
Binding death benefit nomination: tells your fund exactly who should receive your super, and is legally binding on the trustee (it might need renewing every 2-3 years)
Non-binding nomination: a guide for the trustee, but they retain final discretion
No nomination at all: the trustee decides, often based on who they determine was financially dependent on you — which may not match your actual wishes
Common mistakes people make
Assuming their will automatically covers their super (it doesn't, unless nominated to your "estate")
Setting a binding nomination once and forgetting to renew it — an expired nomination can revert to non-binding or void
Not updating it after a relationship change (separation, remarriage) — an old nomination can unintentionally leave super to an ex-partner
What this means alongside your Will
Your Will and your super nomination need to work together, not in isolation. A common approach is nominating your estate as the beneficiary, so your super is then distributed according to your will — giving you one clear, consistent plan.
Conclusion
This is one of the easiest things to get wrong simply by not knowing — and one of the easiest to fix. Check your super fund's nomination today, and make sure your Will is set up to match.