---
title: "Record New South Wales funeral costs in the relatives action and the estate"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/record-funeral-costs-against-the-head-that-allows-them-and-flag-a-second/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-FM20261023-4-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Record New South Wales funeral costs in the relatives action and the estate

> In a firm-controlled tool, list each funeral invoice and flag it if it could be claimed under both section 3(2) of the Compensation to Relatives Act 1897 and section 2(2)(c) of the Law Reform (Miscellaneous Provisions)…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/record-funeral-costs-against-the-head-that-allows-them-and-flag-a-second/new-south-wales  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | In a firm-controlled tool, list each funeral invoice and flag it if it could be claimed under both section 3(2) of the Compensation to Relatives Act 1897 and section 2(2)(c) of the Law Reform (Miscellaneous Provisions) Act 1944. Do not add it twice. |
| What the lawyer must review | Claim the same invoice once. Both Acts can allow funeral expenses. Include the reasonable cost of a headstone or tombstone where section 3(2) allows it. Use the icare figure of $15,000 only as the page states it, and confirm it on the day. |
| Written for | New South Wales |
| Applies to | [Record funeral costs against the head that allows them and flag a second claim](https://ailawframework.com/practice/personal-injury-and-compensation/record-funeral-costs-against-the-head-that-allows-them-and-flag-a-second.md) |

## Checking plan

**New South Wales funeral heads**

The tool flags a funeral invoice that could sit in both the relatives action and the estate, and rows any statutory-benefit funeral claim.

- What the AI does: In a firm-controlled tool, list each funeral invoice and flag it if it could be claimed under both section 3(2) of the Compensation to Relatives Act 1897 and section 2(2)(c) of the Law Reform (Miscellaneous Provisions) Act 1944. Do not add it twice.
- What the lawyer does: Make the legal assessment, check the source material and authorise the output for its intended use.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. Row section 3(2) and section 2(2)(c) as two possible heads, then claim the invoice once.
2. For a motor accident, row section 3.4, including transport of the body and the loss of a foetus.
3. Record the SIRA three-month submission period and the satisfactory-explanation path. That period is the SIRA page, not section 3.4.
4. Record the icare funeral cap of $15,000 for the costs the page lists.

## Notes

- Section 3(2) of the Compensation to Relatives Act 1897 allows reasonable funeral or cremation expenses and the reasonable cost of a headstone or tombstone in the dependency action. Section 2(2)(c) of the Law Reform (Miscellaneous Provisions) Act 1944 also allows a sum for funeral expenses in the estate's damages. The same invoice can therefore sit in both, and must be claimed once. Section 3.4 of the Motor Accident Injuries Act 2017 makes statutory benefits payable for reasonable funeral expenses to the legal personal representative, or if there is none to the person who paid or is liable to pay, and includes the reasonable cost of transporting the body. It also applies to the loss of a foetus. The SIRA page says the claim form and documents should be submitted to the insurer within three months of the crash, and that the insurer will consider a later claim if given a satisfactory explanation. icare's page says a workplace-death funeral claim is currently up to $15,000 for the costs it lists.
- Family, wage and medical records stay in a firm-controlled tool. ASCR r 9 and APP 11 apply. A breach may be notifiable under the Privacy Act 1988 (Cth).

## Practical guide

Jurisdiction: New South Wales: Compensation to Relatives Act 1897 s 3(2), Law Reform (Miscellaneous Provisions) Act 1944 s 2(2)(c), and statutory funeral benefits where a scheme applies

**Deliverable**: An invoice table with both common-law heads flagged and any scheme claim dated.

**Inputs**

- Funeral invoices
- Whether the death was a motor accident or a work injury
- Date of the crash or death

**Example**: Illustrative example: One invoice is listed under the relatives action and again under the estate. The tool flags the double entry. The lawyer keeps a single claim. A motor-accident funeral claim is rowed separately under section 3.4.

**Stop and escalate when**

- The invoice would be recovered under both Acts.
- A motor-accident limitation period is guessed. It was not opened.

Checked 2026-10-23.

## Sources

- [Compensation to Relatives Act 1897 (NSW) s 3](https://legislation.nsw.gov.au/view/html/inforce/current/act-1897-031) (checked 2026-10-23)
- [Motor Accident Injuries Act 2017 (NSW) s 3.4](https://classic.austlii.edu.au/au/legis/nsw/consol_act/maia2017245/s3.4.html) (checked 2026-10-23)
- [SIRA funeral expenses](https://www.sira.nsw.gov.au/motor/for-individuals-and-their-families/for-people-who-have-lost-a-family-member/funeral-expenses) (checked 2026-10-23)
- [icare payments for bereaved families](https://www.icare.nsw.gov.au/injured-or-ill-people/workplace-injuries/payments/payments-for-bereaved-families) (checked 2026-10-23)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*