Guide · 4 min read · Updated July 2026

How to witness a BDBN correctly

The witnessing rules for a Reg 6.17A binding nomination are strict, and funds reject invalid forms without contacting you. This is how to sign one that will actually stand up.

The four rules

Sub-regulation 6.17A(4) requires that the notice is:

  1. signed by the member;
  2. dated by the member and signed in the presence of two witnesses, each of whom is at least 18 years old and is not mentioned in the notice;
  3. containing a witness declaration signed and dated by each of those witnesses; and
  4. given to the trustee.

All four conditions must be satisfied. "In the presence of" means physical presence in the same room at the same time — for both witnesses and the member.

Common ways a BDBN is quietly voided

  • A witness is under 18 (a teenage child, for example).
  • One of the witnesses is also a named beneficiary on the form.
  • The member signs first, then walks the form to each witness separately.
  • Witnesses sign electronically or over video call (not accepted for Reg 6.17A).
  • The witness declaration is left blank or undated.
  • The form is signed but never posted or uploaded to the trustee.

Who makes a good witness

A neighbour, colleague, or friend over 18 who is not named on the form. A solicitor or JP is not required but is a common belt-and-braces choice. Your spouse cannot witness if they are the nominated beneficiary — which they usually are.

After you sign

Send or upload the form to your fund and keep a scanned copy. The nomination has no effect until the trustee has received it. Ask the fund to confirm in writing that it has been accepted, and file that confirmation with your estate documents.

Sources & further reading

This guide is general information about Australian superannuation law, current as at July 2026. It is not personal financial, tax or legal advice. For advice about your circumstances, speak to a licensed adviser or solicitor.