Solicitor Gold Coast- Handling the demise of a loved one

Losing a family member or a loved one is the most grievous part of life. The emotional turmoil can make anyone feel bewildered. However there are several legal obligations to be addressed. The following are a few important legal procedures which an individual has to take when a loved one passes away.

Advice from solicitor in Gold Coast

  • Confirmation of death.  The first thing you need to do is to confirm the death of your loved one. It requires a certificate issued by a medical professional like a doctor or a paramedic who officially pronounces the person deceased.
  • Notify relevant authorities. Once the death is confirmed, it is necessary to notify the relevant authorities. You may need to contact the funeral director or even the local police if the death has occurred at home or in suspicious circumstances.
  • Obtaining a death certificate. The death certificate is an important legal document that records all details of the person who passed away. In Gold Coast, the Registry of Births, Deaths, and Marriages issues the death certificate.
  • Arrange the funeral.  A funeral or memorial service is an important part of the grieving process. The family members work with the funeral director to make the arrangements for the service or the burial according to the deceased person’s wishes.
  • Addressing the will. If the deceased person has left a will you must locate the original document. It comprises the deceased wishes regarding the distribution of assets and appointment of executors and other funeral instructions. If the will is not found you might need to get legal advice on how you should proceed.
  • Applying for probate.  If the estate requires probate, the executor named in the will must apply to the Supreme Court of Queensland for a grant of probate. A probate is important especially when the estate includes assets like property, shares or substantial savings. The probate involves submitting the will and doctor documents to the court for validation.
  • Notifying relevant financial institutions and agencies. The family members also need to notify financial institutions and agencies about the person’s death. Banks, insurance companies and utility companies need to be notified of the passing. Cancel the services of subscription in the deceased name to avoid unnecessary charges.
  • Settling debts and distribution of assets.  When the probate has been granted, the assets have to be identified along with the liabilities. The executioner settles the debts and distributes the assets to the beneficiaries according to the will. If there is no will then the assets are distributed according to the Intestacy law. It might involve selling property, closing accounts and transferring ownership of assets.
  • Finalizing affairs. Once the debts have been settled and the assets distributed, the executioner finalizes the estate administration process. The final tax returns are prepared for the deceased person and are sent for clearance from the Australian Taxation Office.

It is crucial to deal with the legalities when a loved one passes away. It is also necessary to understand how things should be done to alleviate some of the stress. Get guidance from legal professionals like solicitors on the Gold Coast to get valuable support and ensure all legal obligations are met according to Queensland law.

 

For more information, please visit https://www.marinolaw.com.au/gold-coast-conveyancing/.

 CategoriesLaw