{"id":250,"date":"2023-05-01T11:52:22","date_gmt":"2023-05-01T01:52:22","guid":{"rendered":"https:\/\/studiokettle.com.au\/wip\/living-costs\/?page_id=250"},"modified":"2023-06-05T16:31:58","modified_gmt":"2023-06-05T06:31:58","slug":"when-someone-passes-away","status":"publish","type":"page","link":"https:\/\/studiokettle.com.au\/wip\/living-costs\/when-someone-passes-away\/","title":{"rendered":"When someone passes away"},"content":{"rendered":"\n

When someone passes away, it can be an emotionally upsetting and expensive time.<\/p>\n\n\n\n

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When a loved one dies it is a time of sadness and grief. Just when it may be difficult to think clearly there may be decisions to be made about the funeral, and how to deal with their belongings and debts. From notifying government agencies and financial institutions to arranging a funeral and dealing with any outstanding debts, the list of tasks can seem endless. <\/p>\n\n\n\n

This article provides guidance on these tasks, including information on your legal rights, paying for a funeral, and a checklist of what needs to be done. We also provide helplines and resources for support.<\/p>\n\n\n\n

Checklists and notifications<\/strong><\/h2>\n\n\n\n

We have compiled some helpful fact sheets. In particular, if you or the person who has passed away is eligible for Centrelink payments, be sure to click the Services Australia link. <\/p>\n\n\n\n

Resource<\/strong><\/td>Organisation <\/strong><\/td><\/tr>
Checklist: what to do when someone dies<\/a><\/td>Australian Tax Office<\/td><\/tr>
What to do when a loved one dies<\/a><\/td>Services Australia<\/td><\/tr>
Coping financially after the loss of your partner<\/a><\/td>Moneysmart<\/td><\/tr>
Notifying multiple organisations that someone has died<\/a><\/td>Australian Death Notification Service<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n

Help paying for the funeral<\/strong><\/h2>\n\n\n\n

Funerals can be expensive. You may be eligible for financial support from your State or territory government.<\/p>\n\n\n\n

Australian Capital Territory<\/strong><\/td>Funeral Assistance<\/a><\/td><\/tr>
New South Wales<\/strong><\/td>Get financial support when someone dies<\/a><\/td><\/tr>
Northern Territory<\/strong><\/td>Arrange for funeral costs to be paid<\/a><\/td><\/tr>
Queensland<\/strong><\/td>Funeral Assistance Scheme<\/a><\/td><\/tr>
South Australia<\/strong><\/td>Funeral Assistance<\/a><\/td><\/tr>
Tasmania<\/strong><\/td>What to do when someone dies<\/a><\/td><\/tr>
Victoria<\/strong><\/td>Bereavement assistance<\/a><\/td><\/tr>
Western Australia <\/strong><\/td>Bereavement Assistance Program<\/a><\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n

Funeral insurance<\/strong><\/h3>\n\n\n\n

Funeral insurance works by giving you a lump sum payment for funeral expenses when someone dies. Funeral insurance is not the same as saving money for a funeral, instead, you are paying for insurance to meet those costs in the future. It is possible that you will end up paying more in premiums than you receive in the lump sum payment.<\/p>\n\n\n\n

For more on funeral insurance, visit the Moneysmart website<\/a>.<\/p>\n\n\n\n

The financial process and terms when someone passes away<\/strong><\/h2>\n\n\n\n

After a person passes away, their money and assets are distributed to their next of kin, or anyone else chosen as a \u2018beneficiary\u2019 according to the person\u2019s last wishes. Those wishes are expressed through a \u2018will\u2019. <\/p>\n\n\n\n

What does the will do?<\/strong><\/h3>\n\n\n\n

A will is a legal document that sets out what a person wishes to happen to their property (known as their \u2018estate\u2019) after they pass away. <\/p>\n\n\n\n

The will also appoints an \u2018executor\u2019, which is a person who carries out the will\u2019s instructions and distributes the deceased person\u2019s assets. Together, those assets are called the \u2018estate\u2019 of the deceased. <\/p>\n\n\n\n

Who writes the will? <\/strong><\/h3>\n\n\n\n

A will can be made by anyone over 18. Wills tend to be written by legal professionals according to a person\u2019s wishes. While it\u2019s possible to write a will by yourself, many prefer to have a legal professional involved. <\/p>\n\n\n\n

Help with making a will<\/strong><\/h3>\n\n\n\n

Different Australian states and territories have specific laws and regulations around this process.<\/p>\n\n\n\n

Australian Capital Territory<\/strong><\/td>Wills<\/a><\/td><\/tr>
New South Wales<\/strong><\/td>Making a will<\/a><\/td><\/tr>
Northern Territory<\/strong><\/td>Make a will<\/a><\/td><\/tr>
Queensland<\/strong><\/td>About Wills<\/a><\/td><\/tr>
South Australia<\/strong><\/td>Wills Brochure<\/a><\/td><\/tr>
Tasmania<\/strong><\/td>Making a Will<\/a><\/td><\/tr>
Victoria<\/strong><\/td>Wills and estates<\/a><\/td><\/tr>
Western Australia <\/strong><\/td>Wills<\/a><\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n

Legal help with wills<\/strong><\/h3>\n\n\n\n

The distribution of someone\u2019s assets can be complex. So, it\u2019s important to know that there are legal processes for how things happen, and that there are also plenty of resources and services available to help.<\/p>\n\n\n\n

Where to learn about wills and get free legal advice:<\/h4>\n\n\n\n
Australian Capital Territory<\/strong><\/td>ACT Public Trustee and Guardian<\/a><\/td><\/tr>
New South Wales<\/strong><\/td>NSW Trustee and Guardian<\/a><\/td><\/tr>
Northern Territory<\/strong><\/td>Northern Territory Government<\/a><\/td><\/tr>
Queensland<\/strong><\/td>Queensland Government<\/a><\/td><\/tr>
South Australia<\/strong><\/td>South Australia Public Trustee<\/a><\/td><\/tr>
Tasmania<\/strong><\/td>Tasmania Legal Aid<\/a><\/td><\/tr>
Victoria<\/strong><\/td>Victoria Legal Aid<\/a><\/td><\/tr>
Western Australia <\/strong><\/td>Western Australia Legal Aid<\/a><\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n

Tax and inheritance<\/strong><\/h3>\n\n\n\n

Anything a person receives from the estate of someone who has passed away is called an \u2018inheritance\u2019. Once it\u2019s handed to you, you become the legal owner of those assets. While there are no taxes on inheritances in Australia, you may be taking on the tax obligations of any assets you inherit. <\/p>\n\n\n\n

With very few exceptions, a person\u2019s debt cannot be transferred to other people upon their death, even if the value of the estate can\u2019t cover the debt. <\/p>\n\n\n\n

If the person who passed away had any debts<\/strong><\/h3>\n\n\n\n

Usually, any outstanding debts will be paid by the estate. If the estate cannot cover the outstanding debt, including through the sale of assets, the debt may be forgiven.<\/p>\n\n\n\n

If the person who passed away had a form of life insurance or loan repayment insurance like mortgage protection, the insurance fund may cover the value of the debt.<\/p>\n\n\n\n

Usually, other people are not responsible for paying the debts of someone who has passed away. Unless one of the following circumstances apply, a lender cannot legally force family members to pay the debts of someone who has died.<\/p>\n\n\n\n

Another person is responsible for paying the debt when the debt is:<\/p>\n\n\n\n