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Rest assured: a legal guide to wills, estates and funerals

Rest assured: a legal guide to wills, estates and funerals

Rest assured: a legal guide to wills, estates and funerals in New South Wales.  5th ed Cover

by Rosemary Long and Trudy Coffey
5th edition, Federation Press, 2011

This book explains the legal processes when someone dies. It provides practical information about making a will, obtaining probate, the duties of an executor and family provision. It explains the procedures when there is no will (intestacy) and the rights of family members. It also discusses the steps to take to plan for the future - appointing a power of attorney and enduring power of attorney, enduring guardianship, advanced care directives (living wills) as well as funerals, burial and coroner's cases.

The online version of Rest assured: a legal guide to wills, estates and funerals in New South Wales has been updated to reflect changes to the law. Last updated August 2016.

Copies of this book are also available in the Find Legal Answers Tool Kit at your local public library.

 

Chapters

Chapter one

Introduction

Death is a fact of life. We will all die at some stage. People seem to fall into two camps. Those who are concerned to ensure their wishes are carried out following their death and those who say - "I don't care what happens when I'm dead". This book is for those in the former camp and seeks to explain the legal processes and the rites and rituals surrounding death. Even when legal arrangements are made, death can sometimes create complications for those left behind. 

Chapter two

Wills

What is a will - creation of wills - appointing an executor - changing, revoking, or challenging a will - rights of creditors and beneficiaries to a will - legal fees.

Chapter three

Estates

Procedure if there is a will - seeing the will - executor's responsibilities - probate - distributing the estate - intestacy, if there is no will - rights of beneficiaries and others - death duties and other taxes - insolvent estates - legal fees.

Chapter four

Planning ahead

Preparing for future incapacity - power of attorney - enduring guardianship - withdrawing or withholding medical treatment - organ donation - euthanasia - funeral funds and benefits. 

Chapter five

Funerals

When someone dies - post mortem examinations - coroner's cases - arranging a funeral - cremation - funeral costs - destitute funerals - funeral funds - complaints about funeral directors - stillborn babies - suicide - transporting bodies overseas.

Disclaimer: 

Rest Assured: a Legal Guide to Wills, Estates and Funerals in New South Wales, 5th edition, by Rosemary Long and Trudy Coffey. Published by The Federation Press, 2011.

Online edition published by the Legal Information Access Centre, State Library of NSW. The online version has been updated to reflect changes to the law. Last updated October 2014.

© Library Council of New South Wales, 2011.