Deceased and Bankrupt Estates

How to claim for a deceased estate

Where a party to a bond has died, a claim for the refund of a bond can be made after proving entitlement either as beneficiary or executor.

A legal practitioner, acting on behalf of the estate or family of a deceased person, can apply for the refund of a bond by lodging a Bond Refund form.

Either the beneficiary, or the executor of the will of the deceased, may claim in place of the deceased by providing a copy of the death certificate, the will and signed photo identification.

Where a person dies without leaving a will (intestate), any entitlement to a bond may be claimed by the person appointed as Administrator of the estate. An Administrator should provide evidence of their appointment.

Where no Administrator has been appointed, application may be made as follows:

• By the spouse, domestic partner or children of the deceased. Applications will be considered where evidence (by statutory declaration) is provided that the person has been in a relationship with the deceased for two years or more, or is the parent of the child of the deceased.
• In the absence of a spouse or children, by the parents of the deceased.
• If the deceased is not survived by a spouse, children or parents, brothers or sisters of the deceased may make application for refund.

How to claim for a bankrupt estate

Where a party to a bond is declared bankrupt, the Assignee or Trustee of the bankrupt may lodge a Bond Refund form on their behalf.

When making the application, evidence of the appointment of the Assignee or Trustee should be provided.