Contact details
Phone: (03) 8533 2400
Hours:

8:30am-6:00pm Monday to Friday (Sydney time)

Fax: (03) 9645 0860
Address: PO Box 5199
SOUTH MELBOURNE MARKET STREET VIC 3205
Email: info@equityandsuper.com.au

Estate management

If you have recently lost someone close to you, we understand this may be a very difficult time.

Below is information that will help guide you through this process, from how to notify us through to what documents you will need to provide. The below relates to all products offered through us however there are some specific requirements depending on the products held, where noted below.

What you need to do

Step 1: Let us know

To ensure the account of your recently deceased client, family member or friend is protected, please notify us of their passing as soon as possible. Please provide us with the deceased’s:

  • Full name
  • Account number/s (if known)
  • Address
  • Date of birth and
  • Date of passing

Once these details have been verified, we will take the following actions to protect the account(s):

  • Remove access to the account (including additional authorities on the account)
  • Restrict trading
  • Switch off any recurring fees
  • Refund any fees charged after the date of their death (if applicable)

Important Information: Under ASX Settlement Operating Rules, all CHESS Settlement Facility holdings must be ’locked’ on initial notification of a deceased estate. This means that the shares cannot be transferred or sold until all requirements have been satisfied.

Step 2: Complete the Notification form

Download and complete the

The Estate Management Notification form is used to notify us of the executors/administrators and solicitors (where applicable) representing an estate and lists the supporting documentation requirements based on the different account types and estate value.

Once we have received and verified this information:

  • We are only able to execute instructions received from the Estate executor, administrator or appointed solicitor.
  • We will provide you with the portfolio statement and historical transaction summary. This information will assist you in determining how to disburse the shares of the estate.

Step 3: Complete the Disbursement form

Download and complete the

At this point, you are ready to disburse the shares. The Estate Management Disbursement form is used to instruct us to transfer and/or sell the shares of the estate. The information and documentation requirements will depend on the account types held by the deceased.

Once we have received and executed your disbursement instructions, we will automatically close the accounts and send a notification to you.

Important information: All shares must be sold or transferred from the deceased trading account within 3 months of being unlocked, unless signed approval is received from all executors requesting an extension. Please note the maximum extension that can be granted is up to 12 months from the initial unlock date. In the event this does not occur, the holdings may be sold at the discretion of AUSIEX to repay any outstanding balance (where applicable), and release the remaining shares to issuer sponsored holdings. The executor will need to liaise directly with the Share Registry to finalise the shareholdings.

We’re here to help

We are very sorry for your loss, and want to help you by making this process as simple for you as possible. For more information on managing the account/s of a deceased estate, please view the below Estate management frequently asked questions and glossary. Alternatively, please contact us.

Estate management glossary

  • Administrator - The person/s appointed by the court in the event of no Will.
  • Beneficiary - Someone who receives or shares in the proceeds from a deceased person’s estate.
  • Death certificate - An official document issued by the Registry of Births, Deaths and Marriages containing the information registered when someone passes away, including the date, place and cause of death.
  • Deceased estate – The property and assets of someone who has passed away.
  • Executor - The person/s named in a Will to take charge of the deceased’s assets and property.
  • Last will and testament (will) - A legal document in which a person specifies how they wish their estate to be distributed after their passing.
  • Letters of administration – A documents granted by the Supreme Court, giving authority to an administrator to collect and distribute the assets of the estate, in the absence of a valid Will.
  • Probate - A document issued by the Supreme Court that confirms the validity of a Will, and authorises the executor/s to act. If this was issued as an electronic grant after 26/11/2018, a non-certified copy is acceptable.
  • Next of kin - A person's closest living relative or relatives.
  • Trustee - A trustee is an individual person or member of a board given control or powers of administration of property in trust with a legal obligation to administer it solely for the purposes specified.

Share Trading FAQs

Can I still trade on a deceased account as the adviser?

No, once we receive notice that a client has passed away we will place a restriction on the account1.

Once all the executors have been identified, they can provide a signed letter to us in order to allow you to view the account holdings.

How can I find details of the account/s held by a deceased customer?

We can provide information to the Estate executor, administrator, solicitor or appointed adviser, such as details of current portfolio holdings (account assets) and historical transaction summaries, provided we receive the Estate Management Notification form and supporting documentation.

Please send your request to us with the relevant account name and number, your contact details and information about your relationship to the deceased (e.g. executor, administrator, solicitor, adviser).

How do I manage the estate of a deceased customer who held an account in a company name?

Unlike people, companies cannot become ‘deceased’, so we treat these accounts differently to ‘deceased estates’. In the event that a company director with a trading account passes, you will firstly need to contact ASIC to update the company information. Please then let us know via phone or email. We will request a certified copy of the Death Certificate.

To add a director, please complete a Change of Company Account Operators form and send this to us with a certified copy of the new director’s identification (passport or driver license).

When an account is locked pending receipt of all documents, how can dividends and other proceeds be accessed?

Once we are notified that an account holder has passed away, we lock1 the account until all relevant documentation has been provided. During this time, any proceeds from the account, such as dividends or accrued interest, will be inaccessible through our website.

The Estate executor can still access these funds, via the relevant share registry. You may need to provide the share registry with new details, such as an updated tax file number, dividend plan and banking instructions. Please contact the relevant share registry to confirm.

The Estate executor holds responsibility for verifying whether any corporate actions impact the holdings registered in the name of the estate, and acting accordingly. For company announcements, refer to the ASX website.

What is a testamentary trust and what documents are required to setup the account?

A testamentary trust is a trust established under a will, providing control over how assets are distributed to beneficiaries when the trust owner passes away.

It is possible to set up a trading account in the name of a trust. To do this, please send us the following documents to confirm the trust has been established:

  • a completed Estate Management Notification form, and
  • a certified copy of the Will; and
  • a certified copy of the Death Certificate; or a certified copy of the Probate/Letter of Administration in relation to the estate trust.

Please also set up a trading account to reflect the new trust structure.

1Under ASX Settlement Operating Rules, all CHESS holdings on individual and single trust accounts must be ‘locked’ on initial notification of a deceased estate. This means shares cannot be transferred or sold until all requirements have been satisfied.