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Factsheet No. 9

Who pays for funeral expenses?  

Who pays for the funeral expenses when the deceased has no estate?

Usually the person who organises the funeral will be held accountable for the costs involved.  However, there are some ways in which that person can receive money to assist them to meet those costs.

Homicide Victims

If the deceased person was a victim of homicide, an interim award may be made by the Victims Compensation Tribunal to cover the funeral costs. 

Contact Victims Services on (02) 9374 3111.

War Veterans

If the deceased person was a war veteran or if they are the dependants of a person killed during service, the Department of Veterans Affairs may be able to pay some of the costs in certain circumstances. 

Contact the Department of Veterans Affairs on 133 254.

Centrelink Recipients

There is also a bereavement payment available from Centrelink.  The recipient of this payment can be the spouse of the deceased or they might be a close friend or relative who looked after the deceased.  Eligibility depends on prior receipt of Centrelink benefits, by either the deceased or the claimant and payment may be either a lump sum or fortnightly instalments depending on the circumstances. 

Contact Centre link on 13 10 21

Other Places Which Might Be Able To Help With Costs:

  • The deceased’s employer or union may have a scheme to assist families of deceased workers.
  • The deceased’s insurer, if they have one, and the person died of an injury  which is covered by their insurance.

What Happens If Nobody Can Afford To Pay For A Funeral

If you can’t afford to pay for a funeral, don’t organise it.  If you organise the funeral you will have to pay.  The police can organise a funeral where the deceased did not have anyone able to pay for their funeral.  It will be a very simple and cheap funeral and the person will probably be cremated.  Usually mourners will be allowed to attend but they will not be able to have an input as to how the funeral is organised.  These funerals are called destitute funerals.

When the Deceased Person Has Money Or Assets But No Will, Who Pays For The Funeral?

The estate of the deceased (that is the money or assets left behind) pays for the funeral. If they have no will, their estate will have to be sorted out before their money becomes available to pay the costs. This can take a long time, especially if there is a fight over their money.  A person who pays for a funeral and then hopes to get the money back from the estate does not always get their money.  If you are in the situation where you need to arrange a funeral for someone with no will, talk to a lawyer first.  It might not be what you feel like doing at the time but it will be the best thing to do in the long run. Sometimes, banks will allow payment of the funeral from the bank account of the deceased upon production of relevant documents, such as the death certificate, and where the money is paid directly to the funeral service provider. This can be done even before formal administration, called Probate (where there is a will) or Letters of Administration (where there is no will, but an estate), is obtained from the Supreme Court of NSW.

Who Pays For the Funeral Where There Is A Will?

If the deceased person had a will and appointed an executor, it is the executor’s responsibility to arrange and pay for the funeral and other testamentary expenses. However, the executor can delegate the role of organising the funeral to someone else, such as the family of the deceased.  Where there is an estate (where the deceased had enough money or assets, called the ‘estate’), the funeral and other expenses would be paid from the deceased’s estate.

 

 
Produced by Redfern Legal Centre.
This factsheet is no substitute for legal advice. If you have a problem please seek legal advice from your local community legal centre
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