The light shines in the darkness, and the darkness has not overcome it. — John 1:5
When you lose a loved one, what happens next?
Calm, practical guidance for the legal and administrative steps before and after a death.
When everything feels overwhelming
In the midst of grief it can be hard to know what to do or where to begin. There are so many questions and decisions at a time when you least feel able to deal with them.
I am here to help you take the next steps with clarity and confidence.
About Madelaine Pelser
Compassionate, Experienced, Practical.
I am a retired lawyer with over 40 years of experience primarily in Wills and Estates Law.
I now work as a Legal Bereavement Consultant helping individuals and families understand and manage the legal and administrative steps before and after a death. I no longer hold a current practising certificate.
My role is to light the path ahead in plain language with care and without judgement.
Lighting the path ahead
Planning ahead when someone is nearing the end of life
Preparing some practical matters in advance can make an already difficult time less complicated later.
- Understanding what documents may be needed
- Knowing where important records are kept
- Understanding the role of executors and decision-makers
- Identifying questions that may need legal advice
- Preparing for the administrative steps ahead
Finding your way through
Understanding what needs to happen after a death
In the early days, there are immediate responsibilities that can feel confusing and overwhelming. I can help you see the way forward, one step at a time.
- Understanding the immediate administrative steps
- Knowing who needs to be notified
- Understanding the executor's responsibilities
- Organising important documents and information
- Knowing when professional advice may be needed
You don't have to find your way alone.
I'm here to help you take the next step with clarity and confidence.
WHAT FAMILIES SAY
FAQs
Helpful information and guidance will be added here over time so you have practical resources at hand, whenever you need them.
When will a death certificate arrive?
A death certificate is issued by the registry of births deaths and marriages (the registry) and usually takes around 6 to 8 weeks to be processed. It can be shorter (two weeks) or longer (twelve weeks) depending on the workload of the registry.
To whom is the death certificate issued?
It is Issued to the person who informs the registry and this is usually the funeral director. If there is no funeral it is issued to the “Informant” who is usually a spouse, adult child or next of kin.
What is an estate?
An estate is everything the deceased owned at the date of death – also referred to as “assets”.
What does administration mean?
Administration means all of the steps which an executor must take to ensure that the deceased’s assets are transferred to the people named in the Will to receive his or her assets – also referred to as “beneficiaries”.
What is probate?
Probate is an order of the Supreme Court of Victoria (or the state in which the assets of the estate are situated) which ratifies (validates) a will and thereby authorises the executor to deal with (sell/transfer) the assets of the estate.
Is probate always needed to deal with the assets of an estate?
Probate is always required when real property (land or houses), a retirement village entitlement or aged care refundable accommodation deposit (rad) is involved.
It is usually required for liquid assets (bank accounts, shares etc) over $100,000 but each institution has its own rules and thresholds.
Probate is not usually needed for superannuation pay-outs.
What if there is no will?
The person with the greatest entitlement to the estate (e.g a spouse or adult child) can make an application to the Supreme Court for a grant of letters of administration which has the same effect as a grant of probate.
What is it called when some-one dies without a will?
Can I apply for a grant of probate or letters of administration, myself?
Technically yes, but it is usually best to engage a lawyer or person who is familiar with all of the processes. A qualified lawyer is required to do any property transfers.
When can a will be contested?
Legislation exists to enable “eligible” people to apply for greater provision under a will, if the deceased failed to make adequate provision for their proper maintenance and support.
To challenge the actual will, an applicant would need to prove a lack of testamentary capacity, a lack of knowledge and approval of the contents of the will or undue influence which is very difficult to do. In rare cases fraud would need to be proved.
Chat with Madelaine.
You don’t need to have everything organised before getting in touch. If you’re unsure where to begin, we can start there.
You may contact Pelser Consultants directly, or you may be referred through your Funeral Director.