Dealing with the Loss of a Loved One: A Guide on What to Do Next
Losing a loved one is an incredibly difficult and emotional experience. Amidst the grief, it is important to address the practical matters that follow a death. Whether the deceased had a will, trusts, or passed away intestate (without a will), handling their affairs properly can ease the burden on the family and ensure their wishes are respected. In this post, we’ll provide a step-by-step guide on what to do when someone has passed away.
- Contact a Solicitor or Lawyer: After a death, it is recommended to seek legal advice from a solicitor practising in Wills and Estates law. They will guide you through the legal process and ensure everything is handled according to the law.
- Locate the Will and Testament: If the deceased had a will, it is essential to locate it as soon as possible. The will outlines their wishes regarding the distribution of assets, guardianship of children (if applicable), and any specific funeral requests they may have made.
- Apply for Probate: Probate is the legal process of proving the validity of a will and administering the deceased’s estate. The solicitor or lawyer will help you apply for probate, which grants the executor the authority to manage and distribute the assets as per the will’s instructions.
- Handle Intestate Estates: In the absence of a will, the estate is considered intestate. This means that the distribution of assets will be governed by the laws of the state or territory. Consulting a solicitor or lawyer is essential in such cases to navigate the complexities of intestacy laws.
- Settle Debts and Taxes: Before distributing assets, it’s crucial to settle any outstanding debts and taxes owed by the deceased. This step is necessary to ensure a smooth and legal transfer of assets to beneficiaries.
- Administer Trusts (if applicable): If the deceased had set up trusts during their lifetime, the appointed trustee will be responsible for managing and distributing the trust assets according to the terms specified in the trust document.
- Notify Relevant Institutions: Inform banks, insurance companies, pension providers, and other relevant institutions about the death. They will provide instructions on how to proceed with the necessary paperwork.
In times of loss, it is essential to seek emotional support from friends, family, or counselling services. Dealing with legal matters can be overwhelming, but the team at Barnard Lawyers can help to ensure the process of probate, wills, trusts, and intestate estates is handled professionally and with the utmost care, respecting the wishes of the deceased and protecting the interests of the beneficiaries.
This article is for general information only and is
not legal advice. Should you wish to discuss this further please call us now
086114-5920 or email info@barnardlawyers.com.au
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