Other comments

• if superannuation proceeds are paid to a deceased estate, then those proceeds could become exposed to either a claim by creditors or a family maintenance claim
• it is not possible to roll proceeds directly into a beneficiary’s personal superannuation account in order to retain the proceeds within a superannuation environment
• Division 307 of the ITAA 1997 apportions superannuation lump sums or income streams after 1 July 2007.  This essentially prohibits a legal personal representative from streaming the tax free elements to a non-dependant and the taxable components to a financial dependant, rather required that the payments are proportionally allocated.  It is interesting to note that it would appear that the ATO have not confirmed how they would treat such an arrangement if it was directed by the testator under their Will.
• In the case of a self-managed superannuation fund, it would  be normal for the Trust Deed to determine the successor Trustee of the Deceased, and once identified, this Trustee would be responsible for the payment of superannuation death benefits.

The temporary budget repair levy was payable at a rate of 2% for taxable income over $180,000. It applied from 1 July 2014 to 30 June 2017. The levy impacted on some superannuation payments; however tax offsets ensured that the relevant maximum rate of tax is applied.