When someone dies, families are suddenly required to make legal, financial and administrative decisions at a time when they are least equipped to do so. In Victoria, there are clear legal processes that must be followed. Unfortunately, many people make avoidable mistakes simply because they do not know the rules.

Here are the most common legal missteps I see families make, and how to avoid them.

1. Not Registering the Death Properly

In Victoria, every death must be registered with Births, Deaths and Marriages Victoria before a Death Certificate can be issued. If a funeral director is involved, they usually handle this. But in a home funeral or family-led funeral, the responsibility sits with the family.

Common mistakes include:

• Delaying paperwork
• Submitting incomplete forms
• Not understanding who is legally authorised to complete the forms

Without registration, you cannot:

• Access bank accounts
• Finalise superannuation
• Transfer property
• Cancel services

The Death Certificate is the key document that unlocks everything else.

2. Assuming the Next of Kin Automatically Has Authority

Many families believe that a spouse or eldest child automatically has legal authority to make decisions after death.

That is not always true.

Legal authority depends on:

• Whether there is a valid Will
• Who is named as executor
• Whether probate is required

Only the executor named in the Will has legal authority to administer the estate. If there is no Will, the estate is considered intestate and an application must be made to the Supreme Court of Victoria for Letters of Administration. Making decisions or distributing assets without proper authority can create legal liability.

3. Accessing or Distributing Assets Too Early

This is a big one.

Family members sometimes:

• Withdraw money from accounts
• Sell vehicles
• Give away belongings
• Close accounts

Even with good intentions, doing this before probate (if required) can create serious legal complications. The estate must be administered correctly. Debts must be identified. Claims must be allowed for. Superannuation must be assessed separately from the estate. Rushing this process can expose the executor to personal risk. Slow down. advice if needed. The law has timelines for a reason.

4. Misunderstanding Superannuation and Life Insurance

Many people assume superannuation automatically forms part of the estate.

It often does not.

Super is held in trust. The trustee of the super fund decides who receives the benefit, unless there is a valid Binding Death Benefit Nomination in place.

Families are often shocked to discover:

• The nomination has expired
• The beneficiary listed is no longer appropriate
• The payout does not go where they expected

This is one of the most common causes of family conflict after a death.

5. Not Checking for a Valid Will

You would be surprised how often families cannot locate the original Will.

Common issues include:

• Relying on a copy instead of the original
• Discovering multiple versions
• Finding an unsigned draft
• Discovering the Will was never properly witnessed

In Victoria, strict legal requirements determine whether a Will is valid. If the original cannot be found, the estate may face significant delay and additional legal costs. This is why proper document storage and communication matter so much.

6. Failing to Consider Family Provision Claims

In Victoria, eligible persons can challenge a Will under family provision laws.

This includes:

• Spouses
• Domestic partners
• Children
• Stepchildren
• Certain dependants

Even if someone is excluded from a Will, they may still be entitled to bring a claim. Executors who distribute an estate too quickly, without allowing time for potential claims, can become personally liable. Again, timing matters.

7. Ignoring Debts and Tax Obligations

An estate is responsible for:

• Outstanding debts
• Final tax return
• Possible capital gains tax
• Funeral expenses

Beneficiaries should not receive distributions until liabilities are identified and addressed. In some cases, the Australian Taxation Office must be notified and final returns lodged. Skipping this step can create long-term problems.

8. Not Understanding Funeral Authority Laws

In Victoria, the person with legal authority to arrange the funeral is generally:

• The executor (if there is a Will)
• The administrator (if no Will)
• The senior next of kin (in certain circumstances)

Family disputes often arise when multiple people believe they have the right to decide. The law prioritises legal authority, not emotional closeness. Clarity early prevents conflict later.

9. DIY Estate Administration Without Understanding the Risks

Yes, some estates are simple.

But others involve:

• Blended families
• Estranged children
• Business interests
• Property
• Disputed assets

Attempting to manage a complex estate without legal guidance can cost far more in the long term. Getting early advice does not mean handing everything over. It means understanding your responsibilities before you act.

A Gentle Reminder

Grief affects judgement. It narrows thinking. It creates urgency where patience is needed. The most common legal mistakes after a death in Victoria are not caused by bad intentions. They are caused by shock, confusion and pressure. If you are supporting a family through a death, or planning ahead for your own, understanding these risks now can save enormous stress later.

At Journease, I often work alongside families not just in the emotional and practical aspects of death care, but in helping them understand the broader landscape. I am not a lawyer, but I can help you know what questions to ask and where to seek the right advice.

The best protection for your family is clarity before crisis.