A death notice is not required by law. It is primarily a social formality but can also serve important legal functions. It can have the effect of notifying creditors, debtors, executors and potential beneficiaries of the death. Some claims against an All the property a person has, including real property and personal property. It is often used to describe property belonging to someone who has died, or the property of a bankrupt. must be made within a certain time from the date of the death notice. In some cases, a person cannot claim not to know about the death if there was a death notice (s 33 Trustee A written law made by parliament. Also called an ‘Act of parliament’, ‘statute’ or legislation. 1958 (Vic); s 30 Administration and Probate Act 1958 (Vic)).
Sending a certificate to the BDM registrar
Every undertaker or other person who arranges for the disposal of remains must, within seven days of that disposal, sign and forward to the BDM The officer in charge of the administrative section of a court, which is known as the registry. See also prothonotary. a certificate in the BDM registrar’s prescribed form (s 39(1) BDMR Act).
The information received by the BDM registrar when a death is registered by way of a ninth Extra information accompanying an Act of parliament or a contract, such as tables, lists or forms. form (see ‘Registration of death’, above) is transferred to a third schedule form (under the BDMR Act) at Births, Deaths and Marriages Victoria. This third schedule form is what you receive if you request a death certificate.
After the funeral the next of kin may need to obtain a death certificate to prove death, for example, in order to obtain funeral benefits or to obtain probate or administration of the deceased.
Within one month after a death has been registered by the BDM registrar, notification of the registration A document that sets out what a person wants to happen to their money and other property after they die. be posted to the person who supplied the particulars of death in the form of an extract of the entry relating to the death.
A certified (full) or an extract of the death certificate can be obtained from the BDM registrar. Enquire at the BDM office as to the fees payable.
Part 4 of the BDMR Act (ss 44–48) contains privacy provisions, which give the BDM registrar the power to refuse access to the register. A general power to review the BDM registrar’s decisions in this regard is given to the Victorian Civil and Administrative A body set up to hear and decide disputes, usually with less formality and less strict rules of evidence than in a court proceeding. and is contained in section 52 of the BDMR Act.