29 March 2022 10:12

What is the difference between binding and non binding beneficiary?

A binding nomination is valid for three years, unless it is renewed, changed or cancelled earlier – if you do not renew it before the end of the three-year period from last signing, it becomes a non-binding nomination.

What is a binding beneficiary?

A binding death benefit nomination is a written direction made by you to the Trustee that sets out the dependants and/or legal personal representative, as decided by you, who are to receive your benefit in the event of your death.

What is the difference between non-binding and non-lapsing?

A valid non-lapsing binding nomination does not have an expiry date and will remain in place until you either revoke or update your nomination. A non-binding death benefit nomination is a written request made by you that suggests to the Trustee the beneficiaries that may receive your benefit in the event of your death.

What does binding mean in superannuation?

Put simply, a binding death benefit nomination is a legally binding nomination that allows you to advise the trustee who is to receive your superannuation benefit in the event of your death. In order for a nomination to be binding, it must be ‘valid’.

What’s a binding nomination?

As the name suggests, a Binding Nomination is binding on the trustee. This means that a trustee is unable to use their discretion when paying death benefits to beneficiaries of a deceased member; the trustee must pay the member’s balance strictly as nominated on the Binding Nomination.

What is difference between binding and non-binding?

A binding nomination is valid for three years, unless it is renewed, changed or cancelled earlier – if you do not renew it before the end of the three-year period from last signing, it becomes a non-binding nomination.

What does binding and non-binding mean?

Put simply, a binding contract is legally enforceable, while a non-binding agreement does not involve any legal obligations. When you sign a binding contract, the other party can take you to court if you fail to meet your obligations.

What is meant by non binding?

Definition of nonbinding

: having no legal or binding force : not binding a nonbinding agreement.

Who can be a binding beneficiary?

1. Not everyone can be nominated. You cannot name just anybody in a Binding Nomination. A Binding Nomination can only be made in favour of your legal personal representative (ie your estate), your spouse, your children or someone who has an interdependency relationship with you.

What is a non lapsing beneficiary?

A non-lapsing death benefit nomination is a request by you to the trustee to pay a death benefit from your Accumulate Plus or Retirement Access account to the person or persons nominated on the following form. This can provide you with greater certainty on who will receive your death benefit when you die.

What is lapsing binding?

A Lapsing Binding Death Benefit Nomination

This is the more traditional Binding Death Benefit Nomination. It expires after 3 years. Upon expiry, the member will effectively have no nomination in place. To reinstate the nomination, the member is required to submit a new Binding Nomination to the trustee.

Can a binding nomination be challenged?

Where a nomination is binding, the trustee has no discretion to override it. A challenge may only be made, for example, on the basis of the validity of the nomination, including a lack of legal capacity.