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Dying is a natural process, but knowing what to expect can make it feel less frightening for both the person who is dying and those around them.
While every person’s experience is unique, there are some common changes as the body gradually slows down.
Dr Kathryn Mannix, a palliative care physician and author, explains this beautifully in her short video “Dying for Beginners”. It offers a gentle, reassuring introduction to what the dying process may look and feel like, and can help families feel more prepared for what they may witness.
If you are concerned about changes you are seeing in someone who is dying, please speak with their doctor, nurse or palliative care team.
Source: YouTube (AU) - Dr Kathryn Mannix.
Sourced: August 2026.
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If you die in Victoria, Australia, without a valid Will, the law decides who gets your assets. Dying without a Will is called “dying intestate”. Directly sourced from Victoria Legal Aid.
A wealth of information regarding the processes that occur in the event of a person dying without a Will is available on Victoria Legal Aid.
To reduce burden for those who carry on, and to ensure your assets are distributed according to your wishes, you are encouraged to create a valid Will.
It is recommended you seek legal advice with your preferred legal representative to ensure your Will is legally binding.
Source: Victoria Legal Aid
Sourced: August 2026.
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The Sale of Land Act 1962 (Victoria), Section 12(d)(d), states:
“It’s an offence for a vendor / agent to knowingly conceal any material fact about land for sale, with the intention of inducing a buyer.” The maximum penalty is 120 penalty units or up to 12 months’ jail.
Source: Victorian Legislation. Page 38. Section 12a.
Guidance on the definition of “material” (from Consumer Affairs Victoria)
A material fact is something an average buyer would consider important, or something you know is important to a particular buyer.
Source: Consumer Affairs Victoria (CAV)
CAV’s examples of material facts include
“serious crime (e.g., murder),
meth lab,
combustible cladding,
asbestos,” etc.
These must be disclosed as soon as a prospective buyer indicates they’re considering the property, and you must answer related questions fully and frankly.”
See Consumer Affairs Victoria (CAV) for more detailed information.
In summary: Do you have to disclose a planned, non-violent death?
Whilst it is not explicitly mentioned in CAV’s examples (unlike murder), it is perhaps best practice to inform potential buyers. Note that for some buyers it may not be material, whilst for others, it will be.
It can become material if:
a buyer indicates (e.g., for cultural/religious reasons) that any death on the premises matters to them; or
your marketing or answers could create a misleading impression that nothing significant has occurred.
In those cases, you should disclose once they’re a genuine prospect.
Sources: Victorian Legislation and Consumer Affairs Victoria.
Sourced: August 2026.
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It is confirmed that you can lodge your Appointment of Medical Treatment Decision Maker (MTDM) along with your Advance Care Directive (ACD) to Monash Health, in Victoria.
It is anticipated that other health services will accept lodgment of your your MTDM when you lodge your ACD.
The form to complete to lodge your forms with Monash Health is here.
Contact your local public health service and ask for their Advance Care Planning Team. The staff will advise you of the process.
Source: Monash Health
Sourced: August 2026.
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Advance Care Planning Australia (1300 208 582) advise that no, your appointed Medical Treatment Decision Maker does not need to be in Victoria, or even Australia.
They need to be easily available via telephone and it would be helpful to expedite matters if they can speak English. Interpreters can be accessed as necessary.
Source: Advance Care Planning Australia
Sourced: September 2025.
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If you are unable to communicate your medical treatment wishes in any way, in Victoria, Australia, the first person in the list below who is reasonably available, and willing and able, to make decisions, will be your medical treatment decision maker for this health episode.
Your appointed Medical Treatment Decision Maker (MTDM)
your guardian appointed by the Victorian Civil and Administrative Tribunal (VCAT) to make decisions about medical treatment
the first of the following people who is in a close and continuing relationship with you:
your spouse or domestic partner
your primary carer
your adult child
your parent
your adult sibling.
Where you have two or more relatives who are first on this list, it is the eldest.
If you do not have decision-making capacity and a medical treatment decision maker cannot be located, consent for significant treatment must be obtained from the Public Advocate.
This information is listed on page 3 of the “Instructions for completing the Advance care directive for adults” form.
Source: Health VIC
Sourced: August 2026
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If your appointed Medical Treatment Decision Maker (MTDM) - or all of your MTDMs are unavailable / can't be contacted / cannot fulfil the role at the time they are asked, it will revert to the list of people on the third page of the Victorian "Instructions for completing the advance care directive for adults form".
See details in the other question on this Frequently Asked Questions page entitled: “If I can’t talk, who will make decisions for me?”
Source: Health Victoria
Sourced: August 2026.
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Ambulance Victoria Paramedics will look for an Advance Care Directive if they are called to your home. Melanie recently (June 2026) spoke to an Ambulance Victoria Paramedic who confirmed they often look on the fridge or on the back of the entry door to the home. Paramedics will also ask other people who are present with you when the ambulance arrives.
However, note that Ambulance Victoria staff cannot access your Advance Care Directive or Appointment of Medical Treatment Decision Maker forms on MyHealthRecord or public health service databases.
Ambulance Victoria recommend your Advance Care Directive, Appointment of Medical Treatment Decision Maker and any other relevant power of attorney forms are stored, with your medication, in a safe, ACCESSIBLE, place.
Source: Ambulance Victoria Patient Liaison Support Officer
Sourced: October 2025.
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Libby Moloney, Holistic Funeral Director from Natural Grace Holistic Funeral Care, advised it is at the discretion of each funeral home.
If you foresee that your loved one’s body may need to be stored for longer than the average - for instance, longer than two weeks - arrangements would have to be discussed and decided before committing to a particular funeral home.
Source: Natural Grace Holistic Funeral Care
Sourced: September 2025.
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“The Department of Anatomy and Physiology at the University of Melbourne co-ordinates a Body Donor Program for the purposes of anatomical examination and the teaching and study of anatomy.”
All information regarding body donation, registration and criteria is available on the University of Melbourne’s Body Donor Program website.
There are strict criteria regarding body donation.
The choice to donate your body to the University may affect your ability to donate organs to live donors.
Source: University of Melbourne
Sourced: August 2026.
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There is no legal requirement to have a funeral, or a memorial service of any kind, in Victoria Australia.
It is your choice.
Even if you are not having a funeral, it may be helpful to engage the services of a funeral director to manage the required legal and logistical aspects. These include registering the death, ensuring a Death Certificate is acquired, obtaining permits for burial or cremation, communication with cemeteries (where appropriate) and transportation of your loved one’s body, and more.
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All prices on this website are in Australian Dollars - (AUD).
✨✨✨ Frequently Asked Questions (FAQs)✨✨✨
This information is provided as a guide only. The source of the information, and the date the information was sourced, is noted in each answer below.
Where relevant, please seek independent legal advice.
Note: If any laws are mentioned, they are the laws pertaining to Victoria, Australia.
If the question you have is not listed here, get in touch with Melanie.
Melanie will answer you directly and potentially add your question (and answer!) here.