Most people I talk to feel pretty good about their Will. They got it done, they signed it, it’s sitting in a drawer somewhere or with the solicitor – and there’s a real sense of relief that comes with ticking that off.

Then I mention that their super probably isn’t covered by it, and I watch the face change.

It catches almost everyone out. And it matters, because for a lot of people super is one of the biggest things they own. Sometimes bigger than the house. So it’s worth a few minutes to understand why it’s different, and what to do about it.

So why doesn’t my Will cover it?

Your super isn’t held in your name the way your savings account is. It sits in a trust, and when you die it’s the trustee of your fund who decides where it goes.

That’s really the whole thing in one sentence. Your super isn’t automatically part of your estate, so your Will doesn’t direct it – unless you’ve deliberately set things up so that it does.

And there’s a second surprise waiting behind the first: you can’t just nominate whoever you like.

Who’s actually allowed to receive it

The list is shorter than people expect:

• Your spouse or de facto partner – including same-sex partners
• Your children – any age, biological or adopted, and in some circumstances stepchildren
• Someone in an interdependency relationship with you – usually someone you live with, where there’s a close personal relationship and you support each other financially, domestically and personally
• Someone who was financially dependent on you
• Your legal personal representative – which is just a formal way of saying your estate

That last one is the quiet hero of this whole topic. If you want your super shared out according to your Will, nominating your legal personal representative is generally how you make that happen. The money goes into your estate first, and then your Will takes over from there.

One thing worth flagging on stepchildren, because it trips people up: they’re generally only treated as your children for super purposes while the relationship with their parent continues. If that parent passes away first, or you separate, that step-relationship can end – and so can their eligibility. It’s a detail that’s easy to miss, and one that’s caused a lot of heartache in families who assumed everything was sorted.

And who can’t

Your brother or sister. Your mum or dad. A close friend. A niece or nephew you adore. A charity you’ve supported for twenty years.

None of them can be paid your super directly from the fund. It doesn’t matter how much they mean to you – it’s simply not on the list.

The only way to include them is through your estate. Which means nominating your legal personal representative and making sure your Will actually says what you want it to say. Both halves, or it doesn’t work.

If you’ve been meaning to leave something to a sibling or a cause close to your heart and you assumed super could do the job, this is the bit I’d act on.

Binding or non-binding – this one really matters

Once you’ve worked out who you can nominate, there’s a second question people rarely think to ask: does the fund actually have to do what you’ve said?

A binding nomination generally means the trustee must pay your benefit the way you’ve directed – as long as it’s still valid when you die and the people you’ve named are still eligible. Some of these lapse after a few years unless you renew them. Others don’t.

A non-binding nomination is more like a strong suggestion. The trustee will take it into account, then make its own call.

Both have their place, genuinely. But if there’s a blended family in the picture, an ex-partner, adult children from different relationships, or anything that could get messy, the difference between must follow and will consider is a big one.

There’s tax in the mix too. Super paid to someone who isn’t a tax dependant – an adult child, most commonly – can be taxed on part of the benefit, and how much can depend on whether it’s paid directly or through your estate. Worth understanding before you lock anything in.

When’s it worth checking?

Most people nominate once, when they first join a fund, and then never look at it again. Meanwhile life keeps happening. Relationships start and end. Children arrive and grow up. People pass away. And lapsing nominations quietly expire without a word to anyone.

A few moments where it’s genuinely worth a look:

• You’ve married, separated, divorced, or started a new relationship
• You’ve had children, or your kids are now financially independent
• Someone you nominated has died
• You’ve changed or consolidated funds – nominations don’t come along with rolled-over money
• It’s just been a while and you honestly can’t remember what you put down

Logging in and checking takes about five minutes. Making sure it still matches the life you’re actually living today – that’s the part worth doing.

And if you’re not sure whether yours is binding, when it runs out, or whether your super and your Will are even pointing in the same direction, that’s a good conversation to have now. Much better than leaving it for the people you love to untangle later.

This article is general information only and doesn’t take your objectives, financial situation or needs into account. Super death benefit rules can be complex and depend on your fund’s trust deed and your personal circumstances. We recommend you seek personal advice.