Understanding the process

1. The death of a loved one

This article is deigned to hello people understand the turbulent time they are about to face and to help them get through that process. People die in a variety of circumstances. In many circumstances the loss of a loved one takes place in a hospital in residential care. Those environments are heavily regulated and there are usually treating medical professionals and case workers who can guide families on the death of a loved one. In other circumstances a person may die at work, home or as a result of a fatal road accident. Each circumstance gives rise to the process in which the state government treat the death. The best thing to do in the circumstances is to contact a funeral provider if you are unfamiliar with the processes.

2. Contacting the funeral provider

Funeral directors are on call 24/7 and can attend a hospital or residential care facility after hours (if you consider it appropriate) to take the deceased’s body into their care pending the arrangement of the funeral. If the hospital staff consider the death as warranting a coronial enquiry then the body will not immediately be released to the funeral provider but will be kept in the care of the state coroner’s mortuary. Where the deceased has died at home, at work or as a result of a traffic accident the Police and other emergency services personnel are called. The WA police will contact a state government undertaker to convey the body to the state coroner’s morgue pending a release form the coroner to the funeral provider.

3. Coronial matters

When the state coroner considers it appropriate to hold a coronial investigation (usually where the deceased’s dies at home or in an accident and where the Deceased doctor does not immediately sign off on the cause of death) the body may not be released for a few days to a few weeks whilst the relevant evidentiary enquiries are undertaken. Often, the family of the deceased have a right of election to request the coroner perform a post mortem examination. The funeral can be arranged whilst the coroner has the body in their possession. The funeral director will make the relevant request for the coroner to release the body into their care.

4. Viewings and arranging the
funeral

Once the body is released to the funeral provider, they then arrange storage and the preparation of the deceased’s body for the funeral. The funeral provider holds the deceased’s body in their care until they have obtained the relevant state government permits to permit burial or cremation. A viewing can be requested prior to the funeral. In many circumstances, where a direct cremation is sought the body is immediately conveyed to the crematorium where the deceased’s remains are cremated.

5. Holding a funeral (our recommendation)

Usually the funeral takes place before the committal of the body for burial or cremation. Or recommendation is to conduct a direct cremation service collect the ashes and then arrange a private event at a suitable (less dreary) location. This is where families can scatter or inter ashes at some of Western Australia’s most picturesque locations. We are a strong advocate for plantings and memorial gardens. More information can be found about plantings here.

6. The wake

Following the funeral, it is customary for friends and family to celebrate the life of the deceased at a wake. Again we recommend conducting the wake at some of Perth’s best venues rather than the depressing ‘funeral chapel environment.’ There is nothing wrong with having a family BBQ on the beach foreshore whilst the sun sets.

7. Quiet reflection/grief counselling

After the ‘hustle and bustle,’ of the funeral and the wake subsides, it is sometimes a good idea to speak to a grief counsellor. We have listed some counsellors on our site who are really genuine people. Click here for more information.

8. Piecing together the information for the
lawyers

Once you feel up to it, it is time to start collecting all of the post that has built up. Look for a will, title deeds to real property, superannuation and insurance information. We recommend getting an archive box and filling it with the relevant documents. Any little bill can be a hint to accounts the deceased held. Knowing the deceased’s accountant or financial information can be helpful. If you don’t know any information simply call us or email us and we will point you in the right direction. Most banks and super funds require certified identification documents formerly belonging to the deceased. It is a good idea to bring the deceased’s wallet passport or any other into a meeting with a succession lawyer. The death certificate will issue to the funeral arranger from the registry of births deaths and marriages around tow weeks after the burial or cremation.

9. Engaging the lawyers and the bureaucracy
of estate administration

People often underestimate the bureaucracy they will face with the courts and with financial institutions. Skilled legal practitioners can advise you on your rights and responsibilities, and where necessary, prepare applications to the court for grants of probate and letters of administration. Our advice is not to use a general ‘I know enough to be dangerous,’ type of lawyer for the job. Pick someone who is a STEP certified. There are countless examples of lawyers not pursuing compensation monies or claims for the estate, improperly advising to pay debts, or not adequately searching for assets. Usually the lawyer will arrange for the calling in of assets, payment of debts and then distribution to beneficiaries. There are some occasions where the costs of the funeral can be almost entirely offset by fee discounts given by our referral partners (we can’t give kick backs to one another, nor do we want to! but we can give discounts to each other’s clients) For more information on estate administration click here.

10. Dealing with other professionals,
contractors and the tax office

Usually, if you have engaged a succession lawyer to manage the administration they will liaise with the real estate agents, conveyancers, land titles office, tax office and accountants, Centrelink, etc. etc. If you have not engaged them then you will need to contact all of the providers in which the deceased held an account.

11. Ending the process/moving forward

There is not a lot that we can write under this heading. People grieve and move on with their lives in different ways. The best advice is to talk to a qualified professional. There are many clichés, death is a part of life, your loved one would not want you to be sad etc etc all that we want is for people to be empowered in the choices during the process and not to be taken advantage of by monopolistic funeral providers.