Corbisieri- BDBN won't lapse and must be revoked if you change your mind

The case of Corbisieri v NM Superannuation Proprietary Limited [2023] FCA 1319  involved an appeal by the mother of a deceased against the decision of the Australian Financial Complaints Authority (AFCA) to uphold a BDBN to benefit the de facto spouse of her late son, which was to be funded out of life insurance proceeds in AMP Superannuation. 

Ultimately on appeal it was the importance of ensuring a BDBN is an enduring statement of your wishes for your superannuation to be binding on the superannuation trustee. 

The BDBN in favour of the de facto won, despite the son expressing in his suicide Whatsapp SMS that he did not want the de facto to attend his funeral or share in his assets.

If you change your mind on a BDBN you should revoke it. 

The BDBN does not read your mind and does not follow changes to your life and circumstances. 

If your adviser offers you could diarise regular reviews of your superannuation documentation to ensure your BDBN, SMSF deed and investment strategy are up to date.

Some SMSF trust deeds automatically terminate a BDBN to a spouse if divorce proceedings are filed. 

You should check with your SMSF deed provider if such a mechanism applies to your BDBN.