A father’s will left $100,000 to charity. His daughters fought for a share
A recent case involving the distribution of a deceased father's superannuation highlights the complexities of Australian inheritance law. Research suggests that financial authorities often prioritize dependants over the specific wishes of the deceased, making it difficult to leave funds to charity.
Why it matters
The findings suggest a need for legal reform to ensure that individuals have more control over their retirement savings and charitable intentions after death.
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Share A A A A father of three died with almost $100,000 in unspent superannuation. His three daughters, two of whom had been cut out of his will, wanted it split equally between them.
His middle daughter was ultimately paid the entire sum – even though his will suggested the cash should go to charity.
It can be difficult for a will-maker to know where their unspent superannuation will end up. Matt Willis The case highlights difficulties faced by will-makers in ensuring that their unspent superannuation goes to their intended beneficiary. It also underscores the obstacles to leaving the money to charity.
The decision to give the money to the middle daughter was made by the Australian Financial Complaints Authority (AFCA), which handles complaints for most superannuation funds.
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