Superannuation Instructions for Your Parent’s Executor: A Brisbane Carer’s Plan When Capacity Is Slipping
You’re the adult child sorting your mum or dad’s affairs from a kitchen table in Brisbane. There’s a will somewhere, an executor named — probably you, possibly a sibling — and at least two super accounts nobody has touched since your parent stopped working. Capacity is starting to slip. The plan is to record, while your parent can still confirm it, which funds exist, what the binding nomination says, and exactly what the executor will need to call each trustee — without ever touching a password.
The problem
When a parent dies, super doesn’t pass through the will the way the house does. ASIC’s MoneySmart guidance is clear that super is generally paid by the trustee under super law, not distributed by the executor as part of the estate — and that binding death benefit nominations expire (typically every three years) and can be set aside if they’re unclear or out of date. When the nomination has lapsed, the trustee uses discretion, and the executor is left fielding questions about dependants and financial interdependence months after the funeral.
Your parent’s executor doesn’t need a MyGov login. They need to know: which super funds your parent holds, the member number for each, whether the binding nomination is current and what it says, whether there’s life insurance attached to the fund, and the trustee’s claims line. Without that, the executor opens probate not knowing whether super is part of the estate at all — which delays distribution to beneficiaries and runs up legal costs.
What the Digital Legacy Vault does
The Digital Legacy Vault is an asset-instruction register: you (or you sitting beside your parent) record what exists, where to find it, and who you’ve nominated to receive the instructions. The simplified version (built for individuals and families) records, per super fund: the fund name, member number, current binding death benefit nomination status and expiry date, any insurance attached to the fund, and the trustee’s contact number for death benefit claims. It does NOT hold passwords, MyGov codes, or any login credential. The executor sees the inventory you’ve prepared, only when you’ve authorised release.
The boundary matters: the Digital Legacy Vault is not a financial product, not a custody service, and not a financial advice service. It’s an instructions register. That’s what keeps it outside the AFSL regime under Corporations Act Part 7.6 and outside AUSTRAC reporting obligations — and it’s why it can be a straightforward subscription rather than a regulated product.
How it works
- Sitting with your parent (or working from records they’ve handed you), you add each super account to the vault — fund name, member number, current beneficiary nomination, trustee phone number, any attached insurance.
- You name the executor of your parent’s will as the recipient for the superannuation module. The vault records their acceptance.
- You record when the binding nomination was last refreshed. The vault prompts before the three-year clock runs out — useful while your parent still has capacity to sign a new nomination.
- On notification of death, per your release rules, the executor is granted access to the superannuation instructions module only — not other modules unless you’ve released them too.
- The executor contacts each trustee directly with the member number and death certificate. The trustee runs their own death benefit process. The vault accelerates the finding step, not the trustee’s decision.
Personal information in the vault — your parent’s details and the executor’s details — is handled under the Australian Privacy Principles set out in the Privacy Act 1988, including the obligations around collection, storage and disclosure of third-party personal information.
Why this matters in Brisbane
Queensland’s probate process runs through the Supreme Court, and Brisbane executors typically wait weeks for grant of probate before trustees will release super death benefits — even when the beneficiary is clear. Many older Brisbane residents hold super from long careers split across public sector, industry, and retail funds, with binding nominations made years ago and never refreshed. A clear instruction set — what exists, where, who to call, whether the nomination is current — typically saves a Brisbane executor weeks of trustee back-and-forth and reduces the risk of an account being missed entirely because the paperwork was in a drawer no one opened.
Sources
- ASIC MoneySmart — Wills and power of attorney: https://moneysmart.gov.au/plan-for-your-retirement/wills-and-powers-of-attorney
- Office of the Australian Information Commissioner — The Privacy Act: https://www.oaic.gov.au/privacy/the-privacy-act
- ASIC — Giving financial product advice (AFSL boundary): https://asic.gov.au/regulatory-resources/financial-services/giving-financial-product-advice/
- Exegesis — Digital Legacy Vault (simplified version, live waitlist)
Join the waitlist
Join the waitlist — first access when the Digital Legacy Vault opens for Brisbane carers
We’re opening waitlist access in tranches. Sign up to be notified when carers organising an aging parent’s affairs in Brisbane can register their first super module. The Digital Legacy Vault holds instructions about what exists and how the executor can find it — not passwords, not MyGov codes, and not the money itself.