Death Benefit and Life Insurance Claim Experts – Monaco Compensation Lawyers

$1 million

When Chloe’s de facto partner died, his family tried to claim his benefit. We won 3 court cases in our battle to get Chloe what was rightfully hers.

When Chloe’s de facto partner died, he was only in his 30s. While he had no assets, he did have a large life insurance benefit. Unfortunately, his family disputed Chloe’s entitlement to the benefit.

Our initial case was successful, and the superannuation fund paid Chloe 100% of the benefit. Displeased with the result, the family appealed the super fund’s decision to the ombudsman (the Australian Financial Complaint Authority). Once again, we successfully argued Chloe’s case. The tribunal confirmed the super fund’s determination.

The family then applied to the Federal Court of Australia (AFCA), citing an error in the super fund’s decision-making process.

Given the large benefit amount, the case before the AFCA required careful preparation. We briefed one of the most senior barristers in Australia to appear on our client’s behalf. The case was argued in court for two days. In the end, the AFCA decided in Chloe’s favour, once again awarding her 100% of the benefit.

$1 million

After his death, Tina’s partners’ family was awarded his benefit. We found a loophole – and got the decision overturned.

When Tina’s de facto partner passed away, his super fund paid 100% of the benefit to her partner’s estate. Tina’s partner had made a recent will, stipulating that the benefit should be paid to his relatives via the estate.

When Tina came to us for advice, we noted the complexity of her case. The law was mostly in favour of the estate, and we’d have to think outside the box if Tina’s claim had any chance of success. Our team looked at similar cases decided by the courts, finding exceptions to the rule. We were then able to establish a loophole in Tina’s partner’s policy, and argue that the benefit should be paid to Tina. As a result, the original decision was overturned and Tina was awarded 100% of the benefit.

$500,000

When Daniella and Luke lost their father’s death benefit to his de facto spouse, we investigated and got the decision overturned.

After their father passed away, Daniella and Luke lodged a death benefit claim through his superannuation fund. Unfortunately, because their father was in a de facto relationship at the time of his death, their claim was rejected and the benefit was awarded to the de facto.

With only 28 days to dispute the original decision, Daniella and Luke contacted us for legal advice. Overturning a super fund determination is never easy. We needed to thoroughly investigate the relationship between their father and his de facto.

We were able to collect evidence to establish that the relationship wasn’t as close as his de facto claimed. We successfully argued that it did not fit the definition of a true de facto partnership. We completed our investigation and prepared detailed supporting submissions – all before the 28-day deadline. As a result, the original decision was overturned and Daniella and Luke received 100% of the $500,000 benefit.

$240,000

Parents win peace of mind and benefits against fraudulent de facto claim.

When Arthur and his wife lost their son John suddenly, their devastation was compounded by a woman claiming to be his de facto. She lodged a claim and was awarded 100% of his benefit.

John’s parents disputed the super fund’s decision without legal representation. As a result, the fund determined that they were entitled to only 20% of the benefit. The remainder would go to the de facto.

It was then that the parents came to us for legal advice. They were suspicious about the claims made by the de facto. Our lawyers only had 28 days in which to investigate, prepare and file an appeal to the original decision. Through close investigation, we discovered that the de facto was actually in a relationship with another partner.

We obtained witness statements, emails, text messages and even Facebook posts, all of which corroborated the case against the de facto. In the end, Arthur and his wife were awarded 100% of the benefit, instead of their original 20%.

$120,000

When his brother died, Shaun’s estranged parents tried to claim his benefit. We proved it belonged to Shaun.

For most of their lives, Shaun had assisted his brother financially. Shaun’s brother was estranged from their parents. Despite this estrangement, when Shaun’s brother passed away, their parents attempted to claim his superannuation death benefits.

To help Shaun, we needed to closely examine the fund’s Trust Deed, as well as the relevant legal principles. These matters are complex, and require an expert in superannuation death benefits.

By meticulously collecting the relevant evidence, we were able to prove that Shaun and his brother were in a relationship of “financial interdependency”. This is usually only applicable to de facto or spousal relationships.

Shaun was awarded the full $120,000 of the benefit amount. We were pleased to help Shaun claim a benefit that honoured his relationship to his brother.

$120,000

When Sonya’s same-sex partner passed away, her partners’ parents disputed Sonya’s death benefit claim. We proved that Sonya was the rightful beneficiary.

Sonya’s partners’ parents never supported their relationship. The parents provided evidence that Sonya and her partner had separated for a period prior to her passing. This complicated the matter. The superannuation fund is required to consider whether there was an expectation that the relationship would continue into the future. The parents argued that the relationship between Sonya and their daughter was “off and on”, and there was no evidence that they expected the relationship to be permanent.

We investigated, obtaining evidence that Sonya and her partner had, in fact, made plans for a future together. In preparing the claim, we reviewed the relevant law and found court cases with similar facts. We diligently satisfied the elements that the courts would consider, in the event this claim had to be litigated.

By showing the superannuation fund that we were ready to go to court, we were successful. We proved Sonya’s claim and she was able to claim the full benefit of $120,000.