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ARTICLE · 22 OCTOBER 2020

Declaration of death for missing persons

If there is no body, estate assets can remain frozen for years until a Court order declares the missing person dead.

AustraliaFamily and Matrimonial

In a typical situation one of the roles of a funeral director is to collect the information which is used to populate the death certificate, which is issued by the Registrar of Births, Deaths and Marriages. It is therefore important to make sure the information given to the funeral director is correct – if the death certificate is incorrect or incomplete this might cause issues later with obtaining a grant of probate or a grant of letters of administration.

If someone has died in a nursing home or a hospital, the process for getting a death certificate is usually straightforward. There are systems in place to notify the relevant authorities because it's such a routine occurrence.

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