Delivering outstanding TPD and income protection insurance claims results

Life Insurance & Death Benefit Claims

Accessing life insurance payouts or superannuation death benefits after the loss of a loved one can be overwhelming. We simplify the process, handle the paperwork, and ensure you and your family receive the support you’re entitled to.

Are you eligible to make a Life Insurance or Death Benefit claim?

Our role is to manage the process from start to finish, handling the challenges, preparing the paperwork, and keeping things simple so you understand every step.

Our Process

Making the Life Insurance & Death Benefit Claim Process Clear and Supportive

We guide you through every stage — from confirming eligibility to lodging your claim — with clarity, care, and expertise, ensuring you understand the process and feel supported throughout.

Confirm Your Full Entitlement

01. Eligibility Review
We check if you qualify as a spouse, child, dependent, or estate representative under the relevant policy or fund rules.

Gather Policy & Evidence

02. Document Collection
We obtain the policy and collect proof such as marriage certificates, dependency records, or financial statements.

Prepare a Claim Submission

03. Claim Preparation
We compile a complete submission with supporting documents and witness statements to strengthen your claim.

Lodge & Finalise Claim

04. Claim Management
We lodge your claim, manage communication with the fund or insurer, and follow up until the benefit is paid.

We offer dedicated legal services to help families and dependents access life insurance and superannuation death benefits, ensuring the process is managed with clarity and care.

Our experienced team guides you through each stage of the claim from confirming eligibility to final payout, tailoring our approach to your circumstances and working to secure the financial support your family needs.

Eligibility for Life Insurance & Death Benefit Claims

Not everyone automatically qualifies to receive life insurance or death benefits. Each superannuation fund and insurer applies strict eligibility rules. Our team specialises in assessing your circumstances against these requirements and guiding you on whether you can make a valid claim.

What is Eligibility for Death Benefit Claims?

Eligibility usually depends on proving you were financially dependent on the deceased, or that you had a qualifying relationship such as a spouse, de facto partner, or child. Executors and administrators of estates may also be eligible to claim on behalf of the estate.

Why is Eligibility Important?

Submitting a claim without meeting the fund’s criteria can result in delays or rejection. By confirming eligibility at the outset, we ensure your application is properly supported and has the best chance of success.

Common Challenges in Eligibility

Many claimants face difficulties such as:

  • Proving Dependency: Demonstrating financial reliance on the deceased through records or testimony.
  • Complex Fund Rules: Each superannuation trust deed or policy may define dependents differently.
  • Discretionary Trustee Decisions: Trustees often have discretion in distributing benefits, which can create uncertainty.

Why Choose TPD Claims Lawyers for Eligibility Assessments?

  • Specialist Focus: We work exclusively on superannuation and insurance claims.
  • Detailed Analysis: We carefully review fund rules and your personal circumstances.
  • Clear Guidance: We explain eligibility in plain language, so you know where you stand.

Our Services Include:

  • Reviewing life insurance policies and superannuation trust deeds.
  • Assessing dependency and relationship evidence.
  • Advising whether you qualify as a spouse, child, dependent, or estate representative.
  • Recommending additional documents to strengthen your claim.
  • Guiding you on next steps if eligibility is disputed.

By confirming eligibility early, TPD Claims Lawyers help you avoid wasted time and give you confidence that your claim starts on the strongest possible foundation.

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Relationship & Dependency Assessment

One of the most important steps in a life insurance or death benefit claim is proving your relationship to the deceased and whether you were financially dependent on them. Our team specialises in preparing clear, compelling evidence to support your entitlement.

What is a Dependency Assessment?

Superannuation funds and insurers require proof that you were either a spouse, de facto partner, child, or other financial dependent of the deceased. This assessment also considers the nature of your relationship and whether you relied on the deceased for financial or daily support.

Why is Dependency Important?

Dependents usually have the strongest claim to benefits. If you cannot establish dependency, trustees may allocate funds to other beneficiaries or the estate. A strong dependency case ensures your rights are protected and prevents unfair distribution.

Common Challenges in Proving Dependency

Claimants often face hurdles such as:

  • Financial Evidence: Providing proof of shared expenses, joint accounts, or reliance on the deceased’s income.
  • Cohabitation Proof: Demonstrating that you lived with the deceased for a required period.
  • Trustee Discretion: Trustees sometimes exercise wide discretion in deciding who qualifies as a dependent.

Why Choose TPD Claims Lawyers for Dependency Assessments?

  • Specialist Experience: We have handled complex dependency claims across multiple funds and policies.
  • Thorough Evidence Gathering: From financial records to witness statements, we ensure your dependency is clearly established.
  • Tailored Advice: We guide you on exactly what documentation will give your claim the strongest foundation.

Our Services Include:

  • Collecting financial records, joint account statements, and expense records.
  • Preparing statutory declarations and witness statements about your relationship.
  • Gathering proof of cohabitation and shared responsibilities.
  • Advising on fund definitions and trustee requirements for dependency.
  • Challenging unfair trustee decisions that overlook legitimate dependents.

By building a strong case for dependency, TPD Claims Lawyers ensure your rightful claim to death benefits is fully recognised and protected.

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Gathering Evidence & Documentation

Strong, consistent evidence is essential for a successful life insurance or death benefit claim. We help you collect, organise, and present the documents needed to prove eligibility, relationship, and dependency under the fund or policy rules.

What Does Evidence Involve?

Most funds and insurers require policy documents, proof of relationship (marriage or birth certificates), financial records showing dependency, and—where needed—statutory declarations or witness statements confirming cohabitation and support.

Why Is Thorough Documentation Important?

Incomplete or inconsistent records are a leading cause of delays, queries, and rejections. A well-prepared evidence bundle answers likely questions upfront and gives your claim the strongest foundation.

Common Evidence Challenges

Claimants often encounter:

  • Missing records: Gaps in financial or cohabitation documents that weaken dependency claims.
  • Inconsistencies: Mismatched information across bank statements, addresses, or declarations.
  • Policy ambiguity: Unclear or complex policy wording about who qualifies and what proof is required.

Why Choose TPD Claims Lawyers?

  • Evidence strategy: We identify exactly what documents will best support your claim.
  • Quality control: We check for completeness and consistency to reduce requests for further information.
  • Clear guidance: We explain what each fund requires and how to obtain it efficiently.

Our Services Include:

  • Obtaining policy documents and superannuation trust deed provisions.
  • Collecting marriage, birth, and cohabitation evidence (leases, utilities, ATO records).
  • Compiling financial proof of dependency (bank statements, shared expenses, income records).
  • Drafting statutory declarations and coordinating witness statements.
  • Preparing a coherent evidence bundle aligned to the fund’s criteria.

With a complete, consistent evidence package, TPD Claims Lawyers positions your claim for a smoother assessment and a faster, fairer outcome.

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Policy & Trust Deed Review

Every life insurance or superannuation death benefit claim is governed by the rules set out in the policy documents and, for super funds, the trust deed. We carefully review these to determine exactly what benefits are available and what requirements must be met for a successful claim.

What Does a Policy & Trust Deed Review Involve?

Our review examines eligibility criteria, definitions of “dependents” or “beneficiaries,” payment options, and the trustee’s discretion under the fund’s deed. Understanding these rules ensures your claim is prepared in line with the fund’s obligations.

Why Is This Review Important?

Many claims are delayed or denied because the policy terms were misunderstood. A thorough review prevents wasted time, ensures all entitlements are identified, and helps structure the strongest submission possible.

Common Issues With Policy Interpretation

Claimants often encounter:

  • Ambiguity: Policies often use unclear definitions for “dependent” or “spouse.”
  • Discretionary powers: Trustees may have wide discretion in distributing benefits, leading to disputes.
  • Complex conditions: Certain funds impose conditions like cohabitation periods or ongoing financial support.

Why Choose TPD Claims Lawyers for Policy Reviews?

  • Specialist Insight: We focus exclusively on superannuation and insurance claims.
  • Detail-Oriented: Our team identifies key clauses that affect your entitlement.
  • Clear Advice: We explain your rights and options in plain language so you know where you stand.

Our Services Include:

  • Obtaining and reviewing superannuation fund policy documents and trust deeds.
  • Identifying all entitlements, conditions, and definitions relevant to your claim.
  • Advising on how trustee discretion may impact outcomes.
  • Preparing a clear summary of benefits and requirements for you to rely on.
  • Strategically structuring your claim submission to align with fund rules.

By ensuring your claim is built on a solid understanding of the policy and trust deed, TPD Claims Lawyers minimise the risk of rejection and maximise your chance of success.

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Benefit Calculation & Allocation Advice

Determining how death benefits or life insurance payouts are calculated and distributed can be complex. We provide clear advice on the value of benefits available under the policy and how they may be allocated among eligible dependents or the estate.

What Does Benefit Calculation Involve?

Funds and insurers typically assess the insured sum, the member’s superannuation balance, and any attached insurance. Allocation depends on trust deed rules, fund discretion, and the definition of dependents or beneficiaries.

Why Is This Advice Important?

Without guidance, families may accept less than their full entitlement or face disputes over how benefits should be divided. Accurate advice ensures transparency and helps protect your rightful share.

Common Challenges in Benefit Allocation

Claimants often encounter:

  • Disputes: Conflicts between spouses, children, or other dependents over entitlement shares.
  • Complex formulas: Payout calculations that combine insurance and fund balances with unclear rules.
  • Trustee discretion: Trustees may decide how benefits are split, leading to uncertainty or disagreements.

Why Choose TPD Claims Lawyers?

  • Clarity: We break down complex formulas and explain the exact entitlements available.
  • Advocacy: We challenge unfair or discretionary trustee decisions where necessary.
  • Fair outcomes: We work to ensure dependents and families receive what they are entitled to under the law.

Our Services Include:

  • Calculating the insured sum and superannuation death benefit value.
  • Advising on how benefits should be allocated among dependents or the estate.
  • Reviewing trustee decisions and challenging unfair allocations.
  • Explaining tax implications and net benefit outcomes.
  • Supporting negotiations between family members to avoid disputes.

By providing expert advice on benefit calculation and allocation, TPD Claims Lawyers ensures your family’s financial future is protected and your entitlements are distributed fairly.

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Preparing & Lodging Your Claim

Once eligibility and supporting evidence are confirmed, the next stage is preparing and lodging the formal claim. We ensure every submission is clear, comprehensive, and supported by strong documentation, reducing the risk of delays or rejection.

What Does Preparing & Lodging Involve?

This stage covers compiling all relevant forms, medical certificates, relationship evidence, and policy documents into a complete claim. We then lodge this directly with the insurer or superannuation fund and manage all communications on your behalf.

Why Is This Step Important?

Incomplete or poorly presented claims are a major reason for delays and rejections. By presenting a well-prepared submission upfront, we give your claim the best chance of a smooth and timely resolution.

Common Challenges in Lodging Claims

Claimants often face:

  • Missing documents: Essential medical, financial, or relationship evidence overlooked.
  • Complex requirements: Each fund or insurer has unique forms and strict lodgement rules.
  • Communication issues: Trustees or insurers may request further evidence, causing delays.

Why Choose TPD Claims Lawyers?

  • Efficiency: We ensure all documents are complete and lodged correctly the first time.
  • Experience: Our team has managed countless lodgements with super funds and insurers.
  • End-to-end support: We handle communications, follow-ups, and requests for further evidence.

Our Services Include:

  • Compiling all forms, medical reports, and supporting documentation.
  • Preparing clear and persuasive claim submissions.
  • Lodging claims with the relevant insurer or fund on your behalf.
  • Managing requests for further evidence or clarification.
  • Following up regularly to keep your claim progressing smoothly.

With TPD Claims Lawyers managing the preparation and lodgement, you can feel confident your claim is accurate, complete, and in the best position for approval.

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Trustee Communications & Timeframe Management

Superannuation funds and insurers are responsible for assessing and paying out life insurance and death benefit claims, but communication delays and unclear timelines can cause stress for families. We take on the role of managing all trustee and insurer correspondence to keep your claim on track.

What Does This Involve?

This service includes handling all written and verbal communication with trustees, ensuring required documents are submitted correctly, and monitoring the claim’s progress. We also track statutory and fund-imposed deadlines to make sure your claim is dealt with in a timely manner.

Why Is This Step Important?

Many families experience unnecessary delays because trustees request extra information or fail to provide clear timeframes. By actively managing communication and deadlines, we reduce the stress on you and help secure a faster resolution.

Common Challenges in Trustee Communication

Claimants often face:

  • Delays: Trustees and insurers may take months to respond or make decisions.
  • Complex requests: Extra medical or financial evidence may be required without clear explanation.
  • Lack of transparency: Families often feel left in the dark about the claim’s progress.

Why Choose TPD Claims Lawyers?

  • Proactive follow-up: We monitor your claim and follow up with trustees regularly.
  • Experience: We know the standard timeframes and push for faster outcomes where possible.
  • Transparency: We keep you informed at every stage, so you know exactly where your claim stands.

Our Services Include:

  • Managing all correspondence with superannuation funds and insurers.
  • Monitoring claim deadlines and following up regularly to avoid unnecessary delays.
  • Responding promptly to requests for additional evidence.
  • Challenging unreasonable delays or unfair practices by trustees.
  • Keeping you updated so you know what to expect and when.

By letting TPD Claims Lawyers handle trustee communication and timeframe management, you can focus on your family while we ensure your claim moves forward efficiently and transparently.

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Disputed or Contested Death Benefit Claims

Death benefit claims can sometimes become the subject of disputes, particularly when multiple parties claim entitlement or when the trustee exercises discretion in allocating benefits. These situations can be stressful and complex, requiring skilled legal guidance to resolve fairly.

What Are Disputed Death Benefit Claims?

A dispute arises when there is disagreement about who should receive the death benefit or how it should be distributed. This often involves competing claims from a spouse, de facto partner, children, financial dependents, or the estate.

Why Are These Claims Important?

Trustees are required to act fairly, but their decisions can significantly impact families. Challenging a disputed decision ensures the deceased’s intentions are respected and dependents receive the financial support they are entitled to.

Common Challenges in Contested Claims

Disputed cases often involve:

  • Competing claims: Multiple dependents or family members seeking the same benefit.
  • Trustee discretion: Trustees have broad powers, which can lead to unfair or inconsistent outcomes.
  • Complex relationships: De facto partners, stepchildren, and financial dependents may face difficulties proving eligibility.
  • Emotional strain: Disputes often arise at a sensitive time, adding further stress for grieving families.

Why Choose TPD Claims Lawyers?

  • Experience: We have a strong track record of resolving disputed death benefit claims in favour of our clients.
  • Strategic advocacy: We challenge unfair trustee decisions and present compelling evidence to support your case.
  • Resolution-focused: Wherever possible, we pursue negotiation or mediation to achieve outcomes faster and with less stress.

Our Services Include:

  • Reviewing trustee decisions and assessing grounds for dispute.
  • Preparing evidence to support eligibility and dependency claims.
  • Engaging in negotiations or mediation with trustees and other claimants.
  • Filing appeals with the Australian Financial Complaints Authority (AFCA) where necessary.
  • Providing skilled representation in court if litigation becomes unavoidable.

By working with TPD Claims Lawyers, you gain a dedicated advocate to challenge unfair trustee decisions and ensure your rights — and the deceased’s intentions — are properly upheld.

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AFCA Complaints & Appeals

When a trustee or insurer rejects your life insurance or death benefit claim, you still have options. One of the most effective pathways is lodging a complaint with the Australian Financial Complaints Authority (AFCA). Our team assists you in preparing and presenting appeals to ensure your claim is reconsidered fairly and lawfully.

What Are AFCA Complaints & Appeals?

AFCA is an independent body that resolves disputes between consumers and financial service providers, including superannuation funds and insurers. If your claim has been denied, delayed, or unfairly reduced, AFCA can review the decision and make binding determinations.

Why Are AFCA Complaints Important?

Taking a complaint to AFCA provides a cost-effective alternative to lengthy court proceedings. It ensures that your case is assessed by an impartial body and gives you the opportunity to challenge unfair decisions without incurring high legal fees.

Common Challenges in AFCA Complaints

Many claimants struggle with:

  • Complex requirements: AFCA applications must meet strict procedural and evidentiary rules.
  • Limited timeframes: Complaints must usually be lodged within strict deadlines after a trustee decision.
  • Incomplete submissions: Missing documents or weak arguments can result in rejection.

Why Choose TPD Claims Lawyers?

  • Specialised expertise: We regularly handle AFCA complaints and know how to frame your case effectively.
  • Strong submissions: We prepare clear and persuasive arguments supported by evidence.
  • End-to-end support: From initial complaint to appeal hearings, we guide you every step of the way.

Our Services Include:

  • Reviewing the trustee or insurer’s decision and identifying grounds for complaint.
  • Preparing comprehensive AFCA applications supported by strong evidence.
  • Liaising with AFCA case managers and responding to requests for further information.
  • Representing you in AFCA conferences and hearings if required.
  • Exploring settlement opportunities to resolve disputes efficiently.

With TPD Claims Lawyers managing your AFCA complaint or appeal, you can challenge unfair trustee decisions with confidence and increase your chances of securing the outcome you deserve.

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Executor / Estate Representative Claims

Executors or estate administrators often have the responsibility to lodge life insurance and death benefit claims on behalf of a deceased person’s estate. These claims ensure that funds are properly collected and distributed to beneficiaries in accordance with the law or the will. Our team supports executors through this process, reducing stress and ensuring compliance with all legal and fund requirements.

What Are Executor / Estate Representative Claims?

These claims arise when benefits are payable to the estate rather than directly to a dependent. The executor or administrator must formally apply for the benefit, manage trustee communication, and ensure the funds are distributed according to the will or intestacy laws.

Why Are These Claims Important?

Executors have a legal duty to protect and collect all assets of the estate, including insurance payouts. Successfully lodging these claims ensures that beneficiaries receive their full entitlement and that the estate is administered properly.

Common Challenges for Executors

Executors and administrators may face obstacles such as:

  • Complex procedures: Superannuation and insurance providers require detailed documentation and evidence.
  • Time pressures: Executors must balance strict claim deadlines with broader estate administration tasks.
  • Disputed entitlements: Competing claims from dependents or family members can delay or complicate the process.

Why Choose TPD Claims Lawyers?

  • Expert guidance: We specialise in assisting executors with superannuation and insurance claims.
  • Administrative support: We handle trustee communication and document preparation so executors can focus on their wider responsibilities.
  • Dispute resolution: Where conflicts arise, we provide legal strategies to protect the estate and ensure fair outcomes.

Our Services Include:

  • Preparing and lodging claims on behalf of executors or administrators.
  • Reviewing trust deeds and policy documents to confirm entitlements.
  • Coordinating with trustees, insurers, and beneficiaries.
  • Addressing disputes over distribution or eligibility.
  • Ensuring funds are collected and applied in line with legal obligations.

By working with TPD Claims Lawyers, executors and estate representatives can meet their legal duties with confidence, knowing that all superannuation and insurance benefits are pursued efficiently and fairly for the estate.

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Eligibility & Factors

Key criteria for life insurance and death benefit claims

Why Choose TPD Claims Lawyers

Supportive. Focused. Proven.

We help you access TPD, income protection, and death benefit payouts — with expert guidance and real results.

2
days
Average time to complete an initial claim review.
10
hrs
Average response time to new client enquiries.
80
%
TPD Claims Approved
Core Values

Guided by experience, driven by results

We are dedicated to helping Australians access their full insurance entitlements with clarity, compassion, and persistence. Our values shape how we approach every claim and how we support every client.
Our Mission

TPD Claims Lawyers is a specialist legal team dedicated to helping Australians access their full insurance entitlements when injury or illness prevents them from working. As part of the Carter Capner Law group, we proudly carry on a tradition of legal excellence that spans over 75 years.

Our mission is to apply our deep knowledge of TPD, income protection, and death benefit claims to deliver legal outcomes that truly support our clients’ financial recovery and peace of mind. We aim to simplify complex processes and provide guidance every step of the way.

We are committed to acting with compassion, integrity, and precision — anticipating obstacles and addressing them with strategy and care to achieve the best result possible for every client.

Our Approach

Exceptional legal service is about more than just lodging forms — it’s about supporting you through one of life’s most difficult moments with clarity, compassion, and experience.

We understand that every person’s situation is unique. Whether you’re navigating a Total and Permanent Disability (TPD) claim, pursuing income protection benefits, or seeking a death benefit after losing a loved one, we take the time to learn about your circumstances in full. We don’t just process claims — we listen, investigate, advise, and act in your best interests at every stage.

Our firm is built around a simple but powerful idea: people first. We take a compassionate, client-focused approach that makes legal processes less overwhelming. We cut through complexity and communicate in plain language — not legal jargon — so you feel informed and empowered from start to finish.

To ensure your matter progresses efficiently, we use up-to-date case management systems that allow our team to provide real-time updates. You’ll never be left wondering where your claim stands — and we’re always available to answer questions when you need us.

frequently asked questions
A claim made by a dependent, spouse, child, or estate representative to access insurance or superannuation benefits after the death of a loved one.
No. You only need to provide a death certificate and comply with policy or super fund requirements.
Most claims take 3–6 months, depending on the fund, documentation, and whether disputes arise.
Spouses, de facto partners, children, financial dependents, and in some cases, executors or administrators of estates.
Generally, a death certificate, proof of relationship, and financial dependency records are needed.
Disputes can arise when multiple dependents apply. Our lawyers help negotiate, and if necessary, appeal through AFCA or court.
Yes. Super funds and insurers set strict deadlines, and appeals must be lodged within AFCA’s timeframes.
While not mandatory, having a lawyer ensures your claim is supported with the right evidence and managed efficiently, reducing delays and disputes.
Latest Insights

Updates, legal insights, and expert tips on TPD, insurance, and superannuation claims.

Practical insights to help you understand your rights, strengthen your claim, and get results sooner.

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Our team is ready to help with your TPD, income protection, or death benefit claim — no matter where you’re at in the process.

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