When a loved one passes away, you can feel overwhelmed and lost. You want to start your grieving journey, but instead, you are bombarded with responsibilities that need attention. Some tasks will need immediate action, and others are more flexible. But how do you know where to begin? And what are the legal steps after death in Victoria?
Rest assured that we have you covered. Here is what to do when someone dies in Victoria.
Finding Your Loved One’s Will and Important Documents
Your loved one’s will and important documents will help you to act on their behalf, taking appropriate steps based on their wishes. This is a good place to start, as they may help you to understand whether your loved one wants a funeral or memorial service, whether they wish to donate their organs or tissues, and any guardianship arrangements if applicable. Within the state of Victoria – and Australia as a whole – there is no legal requirement to have a funeral.
Notifying Relevant Agencies and Organisations
If your loved one was receiving any benefits or payments from Services Australia, it’s important to reach out within 28 days of their death. They will update any records and ensure that no overpayment is given. You can do so by calling the organisation, completing and submitting a form online, or visiting a service centre. If there is a child support arrangement in place, you should notify Services Australia of this as well.
There could be other agencies or organisations that you need to advise. The Australian Death Notification Service website can be a helpful tool to use. It’s a free government service that helps you to advise multiple organisations at once, saving both your time and emotions.
Remember that some organisations will need to be notified as a priority, such as your loved one’s employer if they held an active role, any child support services, and their doctor. Other services can wait until the grant of probate or letters of administration are received. These include any memberships such as gyms and other clubs, phone, internet, and TV subscriptions, concession cards, and more.
Registering Your Loved One’s Passing
In Australia, it is a legal requirement to register the passing of your loved one with the births, deaths, and marriages registry in your state or territory. In Victoria, you should reach out to the Victorian Registry of Births, Deaths and Marriages to obtain a death certificate. If you are having a funeral service for your loved one, the funeral director can usually take care of this step for you. If the passing was not unexpected, you can call your loved one’s doctor to confirm the death. And if your loved one was in aged care, they will help you to make these arrangements.
Once you have received the death certificate, you can use this to inform some of the relevant agencies and organisations outlined above. You should make multiple copies and have these certified by a Justice of the Peace so they are ready to send to anyone who has requested it. A Justice of the Peace is an independent person who has been approved to witness documents for legal purposes. They can be found at most police stations and libraries.
Applying for Probate or Letters of Administration
In most cases, the grant of probate or letters of administration are required for the Executor or Administrator to gain control of your loved one’s assets. These are legal documents that officially recognise the right for the estate to be administered. Once these are obtained, you can begin to close any accounts, collect assets, pay debts, and generally distribute the estate.
Looking After Yourself
Although not a legal consideration, it’s essential to look after yourself throughout the process. This may be a difficult time, so taking care of both your physical and mental health is important. There are confidential counselling services available if you would like to talk to someone. Access using the details below:
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Call Lifeline Australia on 131 114
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Call Beyond Blue on 1300 22 4636
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Call MensLine Australia on 1300 789 978
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Call Griefline on 1300 845 745
You could also consider speaking with a financial adviser before making any decisions that could impact you and your future. If you are set to inherit any assets that change your income, you need to inform Services Australia within 14 days. It may be a challenging time, but you should consider your own future too.
Arranging Your Loved One’s Funeral
Firstly, it’s important to check whether your loved one pre-planned their funeral. If so, arrangements will be very simple and straightforward because they will have already specified some – if not all – of their preferences and may have pre-paid for the service. If this isn’t the case, then you or another close family member or friend will be required to make these arrangements and payments. Rest assured, there is support available to help with the cost of the funeral if you need it.
Working with a trusted, reliable, and caring funeral home can make all the difference. They will help with selecting a venue, organising transportation, arranging flowers, and other details, and generally ensure that the service runs as smoothly as possible. They offer great support during an overwhelming time.
Say Farewell the Right Way with Gardenia Funeral Home
Among the legal considerations, it’s important to ensure that your loved one has the farewell that they deserve. Let the team at Gardenia Funeral Home help you take care of the details so you can focus your energy on your legal responsibilities and grieving journey. Our comprehensive services and high standards will help you arrange a service that gives the perfect tribute to your loved one.
Get started by calling us on (03) 9329 4024 or emailing us at info@gardeniafunerals.com.au today.