Life Insurance / Death Benefit Claim Lawyers

Jumping through hoops to satisfy life insurers and superannuation funds to access death benefits life after the passing of a loved one can be challenging and stressful. Our Life Insurance and Death Benefit claim lawyers can take on this responsibility so you receive all to which you are entitled as quickly and easily as possible.

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

The Life Insurance & Death Benefit claim process can be intimidating. Our role is to take on the responsibility of complying the claim from start to finish with minimum stress to you, explaining everything along the way in simple easy to understand terms.

Are you eligible to make a Life Insurance or Death Benefit claim under a policy relating to a loved one?

Contact us!

What steps need to be taken in Life Insurance / Death Benefit claim?

Life insurance refers to a life policy a person takes out to pay a defined "insured sum" to someone, usually their spouse or children but sometime their business partner, upon their death.

Death Benefits is a reference to the insurance benefits payable under the mandatory insurance associated with employee superannuation fund membership upon the death of the fund member. All Australian superfund policies include death benefits. Some government and military funds provide pensions to surviving partners or children.

If you a spouse, child or other dependent you may be eligible for all or a portion of their superfund balance and death benefits and if there is a separate life policy, of the life insured sum. Our life insurance and death benefit claim lawyers are experts at compiling compliant life insurance or death benefit claims and have helped many people quickly access funds to keep their family going.

The death benefit qualifications that most funds require applicants to meet are:

  1. You must be married or be able to demonstrate you have lived with the deceased for at least two years before the person's death.
  2. You meet any specific qualification requirements in the superannuation fund's trust deed. If there is no designation to whom the death benefit should go, some trustees require the benefit be distributed to the deceased's dependents equally. Other funds leave the decision to the trustee's discretion.
  3. If you suspect the trustee of your superannuation fund has abused his or her death benefit discretion, you can make a complaint with the Australian Financial Complaints Authority.
1

Do some quick research

Before starting a life insurance/death benefit insurance claim you should have a copy of the policy or trust deed.

2

Schedule your no-obligation initial consultation

Your lawyer will gather information about death benefits available as well as the documentation required to submit the claim.

After your lawyer has evaluated all your circumstances and your policy, we'll advise you on what you're entitled to and how to proceed.

We'll also confirm you qualify for no-win, no-fee terms in order to pursue your case.

3

Investigation & gathering evidence

Our life insurance & death benefit claim lawyer will gather any necessary evidence to support your relationship claim (spouse/child/other dependents) in any case of doubt.

This includes extensive statements verifying the relationship from third party witnesses.

4

Lodge your claim

If the investigation is satisfactory, your lawyer will compile a claim submission and lodge it with your fund(s) along with all supporting documentation and witness statemments.

5

Claim settlement or court proceedings

In most cases the claim will able to be resolved after claim submission without resort to disputation.

If your life insurance or death benefit claim is not resolved at this point, we will take legal action to help you obtain the compensation to which you are legally entitled.

FAQ about Life insurance/death benefit claim

Every life insurance/death benefit claim is unique.

In most cases, your claim will be approved within 4 weeks of its submission. If there is a contest towards your claim, it could take 3 to 6 months.

The majority of claims submitted with our assistance are approved within this time frame.

You may have a claim if:

  • you had a close personal relationship with the loved one (such as a spouse or a kid) or;
  • were financially dependent on a loved one, or;
  • were identified as beneficiaries under a loved one's will.

If you're not sure if you qualify for a death benefit claim, give us a call and one of our staff will gladly tell you where you stand.

It's important to respond early because you could lose your benefits if another family member or applicant lodges a claim before you.

TPD Claims Lawyers are insurance claim specialists who can assist in filing a death benefit claim on a 'No Win No Fee basis *'. This means you won't have to pay our fees unless we're successful in getting you the financial benefits under the applicable policy.

Absolutely.

Some "binding nominations" may be challenged if , for example, they are not in favour of "a dependent," with the meaning of "dependent" varying from fund to fund. Following a divorce or separation, a former spouse who met the definition at the time of nomination may no longer meet it at the time of her wife's or husband's death.

Because there is no "one size fits all" answer call us for a no-obligation consultation to get the answers you need.

In short, the answer is yes.

There are strict time limits for contesting decisions, so seek assistance as soon as possible, especially if you have received information from the super fund of a claim decision.

We've successfully fought many Death Benefit for clients who denied their lawful entitlements by the insurer.

It's in your best interests to hire a professional to help you navigate this complicated area. Super funds and insurers often make it difficult for self-represented claimants to receive benefits to which they are entitled.

An experienced life insurance and death benefit claim lawyer can assist you in the following ways:

  • advising you on how to present your case in the most persuasive manner;
  • Having stressful discussions with insurance companies;
  • pushing for you to receive your full death benefit entitlement;
  • meeting the very strict time limits for claims, which differ from policy to policy.

Are you eligible to claim a life insurance payout or death benefits?

The superannuation fund may be able to accept your claim and release funds if you are:

Any dependent of the deceased (legally married, de facto partner, children, financial dependents) or their estate can make a claim for death benefits.

De facto partners including in same sex relationships.

The executor or administrator of a deceased person's estate

Adult children, stepchildren, and children of same-sex partners are all covered by MOST (but not all) super funds.

Someone who was financially dependent on the deceased for financial support.

Why choose TPD Claims Lawyers?

We take the worry out of the process with decades of knowledge and the expertise to assess your claim and bring it to a successful conclusion by cost-effective means. Learn more

 

No Win No Fee.

No money payable in most cases for legal fees and expenses unless and until there's a successful outcome.

It’s about you.

Happy and satisfied clients are what our terms of service are designed to achieve.

Efficient & Effective.

Up-to-the-minute technology means we can guarantee your claim is conducted quickly and transparently.

Life insurance/Death Benefit claim process

Please note, every life insurance and death benefit claim is unique due to the individual circumstances of the deceased, family circumstances, policy complexity and the superannuation fund and insurer involved. The information on this site is general TPD claim information only.

Process

Do some quick research

Before starting a life insurance/death benefit insurance claim you should have a copy of the policy or trust deed.

Process

Schedule your free initial consultation

Your lawyer will gather relevant information about the available benefits as well as the documentation required to support your claim.

After your lawyer has evaluated all of the facts and your policy, we'll advise you on what you're entitled to and how to proceed.

We'll also confirm you qualify for no-win, no-fee terms in order to pursue your case.

Process

Investigation & gathering evidence

Your life insurance/death benefit claim lawyer will begin gathering evidence to support your claim and if necessary, verify your relationship (spouse/child/other dependent) with the deceased.

Your lawyer will prepare extensive statements where necessary in relation to your relationship, to support your case.

Process

Lodge your claim

Subject to satisfactory completion of all investigations, your lawyer will compile a comprehensive submission supporting your claim and lodge it with your fund(s) along with any supporting documentation.

Process

Claim settlement or court proceedings

Most claims resolve after the comprehensive claim submission has been made or in the course of negotiations following soon thereafter.

If your life insurance or death benefit claim is not paid at this point, we will take legal action to help you obtain the compensation to which you are legally entitled.

What documents/information do you need for Death Benefit claims?

Superannuation fund details

Details regarding the superannuation policies, such as the fund name and membership number (if available).

Proof of relationship with the deceased

Details regarding your superannuation policies, such as the fund name and membership number (if available), and whether you arranged the insurance privately or had it prepared for you by your employer.

Any supporting documentations

Any other claims you've made as a result of your illness or injury, such as workers' compensation or income protection.

Contact Death Benefit Claim Lawyers

Every client has the right to a no obligation case review at TPD Claims Lawyers. Simply call our office or complete the online form below to receive a case review for any Life Insurance / Death Benefit claims.