In this decision of the Victorian Supreme Court was regarding an interlocutory injunction application where a valid binding death benefit nomination (BDBN) was in place and in the way of the injunction being granted.

This case is about Dr Lo who died suddenly in May 2023. He was a member of his SMSF. His de facto spouse at the time of his death was Le Nga. And their relationship was 23 years

In 2017, Le Nga gave up her housing commission home to help Dr Lo purchase a unit in Pascoe Vale for them to live in. Dr Lo was the sole proprietor. Le Nga contributed $40,000

There was a NAB mortgage of $700,000 over the property. Dr Lo's estate could not cover this. But his interest in the SMSF could cover it.

When Dr Lo passed away then NAB sought to call in the mortgage. Le Nga did not know Dr Lo had a wife which he had not divorced. Dr Lo's wife's name was Kim.

Dr Lo gave a BDBN 100% to Kim in September 2017. And Kim was executor and main beneficiary of his will made in December 2013.

Le Nga claimed a constructive trust in her favour against the SMSF which could cover the $700,000.

The valid BDBN has primacy so there was no serious question to be tried. As the plaintiff claimed constructive and resulting trust against the estate that the property or at least the $4, 000 is held for Le Nga, and that the SMSF be estopped from denying that it would pay out the mortgage from Dr Lo's death benefits

We are not told but I suspect Kim was the other trustee director of the SMSF. And Kim may have controlled the SMSF after Dr Lo's passing.

As the Court noted this really comes down to the conduct of the deceased Dr Lo. An unfortunate outcome for Le Nga left without her home. At the time of writing  the author has not seen update of any provision claim against the estate.