Answers to Common Questions About Your Will15th December 2023
Broadly speaking, a valid Will is one that is in writing, signed by the Will-maker in the presence of two witnesses who have also signed the document.
Who Do You Notify After Someone Dies
When a person dies, their family or those close to them must begin the process of finalising their affairs. Below is a brief summary of what matters ought to be attended to, usually by the executor or next-of-kin.
Matters that need to be attended to generally include notifying people the person has died, making funeral arrangements and dealing with the deceased person's property (their estate).
A doctor must confirm the death of the person and issue a 'Medical Certificate of Cause of Death', a legal document that is used to record the date and place of death of a person. If the person died in suspicious circumstances, or if the cause of death is unknown, the doctor will notify the police so that a coronial investigation can take place.
The certificate must then be registered with NSW Registry of Births, Deaths and Marriages. The funeral director normally arranges this, but so can a doctor, executor, or next of kin.
If the person had a will, the executor of the will is responsible for making the funeral arrangements. If the person did not have a will, the next of kin, relative or a close friend is responsible for making funeral arrangements.
Once the funeral has taken place, and the 'Medical Certificate of Cause of Death' has been registered, NSW Registry of Births, Deaths and Marriages will issue a 'Death Certificate' which will include details like marital status, occupation, address, family details, cause of death, and place of burial or cremation.
Once the 'Death Certificate' has been issued, as person's executor if they had a will, or next of kin or relative if they didn’t have a will, can begin to deal with the property.