Separated? Divorced? New addition to the family? It’s time to review your Superannuation Death Benefit Nominations

Separated? Divorced? New addition to the family? It’s time to review your Superannuation Death Benefit Nominations

Even if you’re not wealthy, your estate plan should be regularly reviewed to ensure it considers your changing family situation (such as divorce or a new family member), financial assets and relevant legislation.

A valid superannuation death benefit nomination is an important part of managing how your superannuation and sometimes even your Life insurance proceeds will be distributed after your passing. Death benefit nominations may be non-binding or binding. A binding death benefit nomination (BDBN) is a written direction from a member to their superannuation trustee that sets out how the member wishes their superannuation benefits to be distributed. A lapsing binding nomination is generally valid for a maximum of three years and lapses if it is not renewed. If you make a non-binding nomination or no nomination at all, the trustee of the superannuation fund will have more discretion on where your money should go.

Death benefit nominations are important for all superannuation members, whether your fund is a Self Managed Super Fund (SMSF), a retail fund or an industry fund. In fact, if your fund is an SMSF, before making or accepting a death benefit nomination you (in Trustee capacity) must check the deed of the fund and ensure the deed does not impose any limitations in members making a death benefit nomination.

A recent decision by the High Court has changed the rules in relation to using a binding death benefit nomination (BDBN) if you are a member of an SMSF[1]. A further recent court ruling has highlighted that not all superannuation trust deeds expressly terminate a Binding Death Benefit Nomination (BDBN) when a spousal relationship ends[2].

The case of Corbisieri v NM Superannuation Proprietary Limited [2023] FCA 1319 is a reminder for trustees and advisers to carefully read superannuation trust deeds.Terence Wong, a superannuation law specialist, noted, “This case reminds us to read the superannuation trust deed for the provision or obtain advice tailored to the member’s needs, objectives and circumstances, and to amend the superannuation trust deed or place a condition on the BDBN where required.”

When nominating the beneficiaries you would like to receive your super death benefit, you need to correctly fill in the necessary paperwork to ensure you provide clear instructions for the trustee of your super fund. If your nomination is not deemed valid, the decision on where your money goes will be made by the trustee.

Your benefit nomination can be renewed, changed, or revoked at any time.

The information contained in this article is general information only. It is not intended to be a recommendation, offer, advice or invitation to purchase, sell or otherwise deal in securities or other investments. Before making any decision in respect to a financial product, you should seek advice from an appropriately qualified professional.  We believe that the information contained in this document is accurate. However, we are not specifically licensed to provide tax or legal advice and any information that may relate to you should be confirmed with your tax or legal adviser.


[1] https://www.superguide.com.au/how-super-works/who-gets-super-die-death-benefit-nominations

[2] https://www.smsfadviser.com/news/23195-bdbn-court-ruling-highlights-relationship-status-can-be-open-to-interpretation

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Active or Index Funds: What’s the Difference?

Active or Index Funds: What’s the Difference?

Ever glanced at a list of different managed funds and wondered why some have remarkably low fees compared to others? Chances are, the ones with lower fees are index funds, also known as passive funds, while the higher fees are generally associated with active funds.

Over the last couple of decades, index investing has become increasingly popular, with big players like Vanguard and Blackrock managing trillions of dollars in assets.

Before we dive into the reasons and consequences of this trend, let’s break down the two main investment styles1:

  • Active Investing:
    • Involves investment managers or private investors analysing securities, forming opinions on their value, and deciding which securities to include in the portfolio.
    • Investors pay fees for the fund manager’s expertise.
  • Index Investing:
    • Builds a portfolio to mimic an index, like the ASX200 or S&P500.
    • Portfolio holdings mirror the securities and weightings of the relevant index.
    • Changes to the portfolio occur during set intervals or due to events like mergers.

So, why has index investing gained so much ground?

  1. Lower Fees:
    • Index investments generally have much lower fees compared to active investments.
  2. Performance Challenges:
    • Active investments struggle to consistently outperform benchmark indexes over the long term.
  3. The S&P Index Versus Active scorecard (SPIVA) reveals that a significant percentage of active managers underperform the index, even after factoring in fees.

For instance, at the end of 2022, 58% of Australian General Equity funds returned below the index. Over 5-, 10-, and 15-year horizons, the underperformance proportions were 81%, 78%, and 83%, respectively2. Similar trends are observed in international equity markets.

While choosing index funds may seem logical, it’s essential to consider their underlying premise. Returns come from income (like dividends) and changes in capital value over time. However, for the latter to happen, there must be market activity – investors need to be trading shares. If everyone exclusively invested in indexes, the market would cease to exist.

Index investing doesn’t screen shares, meaning investors get exposure to both ‘good’ and ‘bad’ companies. Also, there are no exclusions based on environmental, social, or governance (ESG) criteria, which some investors prioritise.

In the active versus index debate, there’s no clear right or wrong. Many investor portfolios combine both approaches. Index funds or Exchange Traded Funds (ETFs) are often used for broad exposure, while active investment may be reserved for specialised exposure, such as smaller companies, property, or infrastructure.

Regardless of your choice, whether active, index, or a mix of the two, the fundamental principles of investing still apply: diversification and time in the market are key to building long-term wealth.

The information contained in this article is general information only. It is not intended to be a recommendation, offer, advice or invitation to purchase, sell or otherwise deal in securities or other investments. Before making any decision in respect to a financial product, you should seek advice from an appropriately qualified professional.  We believe that the information contained in this document is accurate. However, we are not specifically licensed to provide tax or legal advice and any information that may relate to you should be confirmed with your tax or legal adviser. 


  1. https://www.morganstanley.com/articles/active-vs-passive-investing ↩︎
  2. https://www.spglobal.com/spdji/en/documents/spiva/spiva-australia-year-end-2022.pdf ↩︎
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Welcome to Arrowroad Financial Planning

Your Partner in Financial Success! At Arrowroad, we understand that your financial journey is unique, just like you. We believe in financial empowerment for everyone, regardless of their financial background. Our passion for financial coaching drives us to help you achieve your goals, regardless of your starting point.

  • Personalized Financial Solutions: Our team sets clear, achievable milestones and provides tailored advice on strategies and solutions, accelerating your progress. We adapt your plan to evolving life circumstances, ensuring it aligns with your goals.
  • Transparency and Empowerment: We believe in transparency and explain complex financial strategies in everyday language, empowering you with financial knowledge. We build client relationships that last a lifetime, helping you navigate life’s storms and sunny days.
  • Nurturing Financial Dreams: We sprinkle love and kindness into every interaction, creating a nurturing space where your financial dreams can take root and flourish. Our commitment to integrity and compassion guides us in your financial journey.

Arrowroad embodies the following principles:

  • Transparency and Openness: We maintain a commitment to transparency and openness at every stage of the advisory process.
  • Expertise and Effective Communication: Our extensive experience empowers us to translate intricate financial strategies into understandable everyday language.
  • Financial Empowerment for All: We believe in financial empowerment for everyone, offering coaching and financial planning services tailored to all circumstances. 
  • Enduring Client Relationships: Our focus is on building relationships that stand the test of time. We guide you through life’s changes, ensuring your family’s needs are consistently met.

Cyber Protection Like No Other: Just as the “Cone of Silence” enveloped sensitive conversations in the TV show Get Smart, our protective barrier shields your confidential information. Our unwavering commitment to cyber protection walks alongside you throughout your journey.

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