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VIC Mother Passed - Death Certificate or Validity of Extract from the Deceased?

Discussion in 'Wills and Estate Planning Law Forum' started by vjeko, 25 March 2016.

  1. vjeko

    vjeko Member

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    Here I'm specifically referring to documents from Croatia (my mother, born in Croatia / Australian citizen, died in Croatia).

    It is possible to take out two types of documents in Croatia as proof of death:
    (a) " Death certificate" which is written in Croatian
    (b) International version of an "extract from the deceased" (all entries on the
    document are numbered and on the back of the document translated in several
    languages including English).

    On the back of the document, the following is also written: "extract issued in pursuance of the convention signed at Vienna on September 8 1976" (I understand that the document is accepted in Europe).

    Is the document (b) accepted in a Victorian court or is it necessary to take out (a) and translate it to English ? Is an apostille on the respective document needed
    (from the Croatian court)?

    Would appreciate if someone could answer / direct me to where I can ask to get a confirmation.
     
  2. CathL

    CathL Well-Known Member

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    Did she leave assets in Victoria? What kind of assets?

    Did she leave a Will in English in Victoria?

    My understanding is that you will need to have a death certificate in English or an English translation from an approved interpreter depending on what the asset is and what you need to do with it.

    Contact the Registry of Births, Death and Marriages as you may be able to complete a Death Registration Statement - see Known issues and FAQs - Births, Deaths & Marriages Victoria If there's a car, then speak with VicRoads re their requirements.
     
  3. vjeko

    vjeko Member

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    Thanks for taking the time to answer. As I didn't get an answer here, I sent an email directly to the supreme court of Victoria and here is the answer in case someone else is in a similar situation:

    =====================================================
    If you require a Victorian grant of probate. A certified copy of the original Croatian death certificate would need to be filed along with an application. An English translated death certificate that mirrors the original in appearance would be required as well. Additionally, an affidavit of the translator would need to be exhibited to the death certificate. The translation can be via the court translator in Croatia. An apostille on the document is required.

    =====================================================

    I guess it would be logical for anyone working in this area of law to know what the requirements are as people can die anywhere, otherwise, everyone has his own interpretation which doesn't help and makes things more expensive
     

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