1. While your partner is alive, find out:
i. The location of your partner’s will.
ii. The name and contact for the executor of the will.
iii. If your partner has funeral insurance, and who the provider is.
iv. What assets your partner has:
– Bank accounts, and are they held jointly with you.
– Real Property, and is it held as joint tenants with you.
– Superannuation, and is there a Binding Death Benefit Nomination in place.
– Interests in companies, shares, trusts and other assets, and what are they.
v. Passwords to your partner’s computer and accounts.
2. When your partner dies, you should:
i. Executor: contact the executor under the deceased’s will, if it is not you.
ii. Funeral director and funeral insurer: contact them to plan for the funeral service and payment thereof.
iii. Death Certificate: request the funeral director to send a copy of the Death Certificate to you (it will take a couple of weeks).
iv. Deceased partner’s bank:
– take a copy of any proof of death and the deceased’s will to the bank and inform them of your partner’s passing. Ask about allowing payment for funeral and other expenses from the account, if there is no funeral insurance (often the bank will let you draw funds from the account to pay for these items.)
– Otherwise, you can pay these expenses from your own account and claim them back later in the winding up of the estate (keep receipts).
3. Await receipt of the original of the Death Certificate of the Deceased.
i. The original of the Death Certificate is usually provided to you between 2-3 weeks after the funeral service.
ii. If you are not the executor of your deceased partner’s will, give the originals of death certificate and the will to the executor in a safe and secure manner. Do not damage or lose these documents.
iii. It is up to you, if you are the executor, or the executor, to take legal advice as to whether the estate can by wound up with or without Probate being obtained. If Probate is needed, the executor will need the original of each of the death certificate and the will.
iv. Before going to see the solicitor call the solicitor’s office and ask what further information will be needed in addition to the originals of the Death Certificate and the Will. The solicitor will write or email you what these requirements are, which will include the assets your partner has (see 1.iv. above).
v. If the solicitor advises that Probate is required, the solicitor will send an information pack, a letter of engagement and cost agreement to the executor. Otherwise, the solicitor will advise of other less formal steps to take to wind up the estate of your deceased partner.
Need support?
Ensure you are prepared with personalised legal support. Contact Jim Wilson, a Mobile Business Lawyer on 0415 645121 for a no-cost, no-obligation phone call to discuss your concerns and learn how his come-to-you legal service can assist you. Want a face-to-face meeting? Jim Wilson will come and meet you at a convenient location, whether that is your work, home or a local cafe.