--- title: "Record Victorian funeral costs in the estate claim and flag a scheme payment" url: "https://ailawframework.com/practice/personal-injury-and-compensation/record-funeral-costs-against-the-head-that-allows-them-and-flag-a-second/victoria" type: "task_jurisdiction_version" site: "AI Law Framework" id: "A21-FM20261023-4-VIC" practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)" tier: "yellow" lawyer_review: "required" jurisdictions: ["VIC"] last_reviewed: "2026-10-25" --- # Record Victorian funeral costs in the estate claim and flag a scheme payment > In a firm-controlled tool, list each funeral invoice, payer and date, and flag it if a TAC or WorkSafe payment on the file covers the same cost. Do not say which head succeeds. Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/record-funeral-costs-against-the-head-that-allows-them-and-flag-a-second/victoria 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, payer and date, and flag it if a TAC or WorkSafe payment on the file covers the same cost. Do not say which head succeeds. | | What the lawyer must review | Decide whether the estate head, a scheme, or neither, carries each invoice. Part III, as opened, creates no separate funeral head. Use a TAC figure only for a death on or after 1 July 2026, and confirm it is still current. | | Written for | Victoria | | 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 **Victorian funeral head** The tool lists funeral invoices against section 29(2)(c)(i) and flags a scheme payment. The lawyer chooses the head. - What the AI does: In a firm-controlled tool, list each funeral invoice, payer and date, and flag it if a TAC or WorkSafe payment on the file covers the same cost. Do not say which head succeeds. - 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. Tie each amount to an invoice. 2. Record the TAC caps of $19,940 and $6,650, including GST, as page figures for deaths on or after 1 July 2026. 3. Record that the WorkSafe page states no dollar figure for burial or repatriation. 4. Leave any deduction blank. Section 19(1) must be applied by the lawyer. ## Notes - Section 29(2)(c)(i) of the Administration and Probate Act 1958 allows a sum for funeral expenses in the estate's damages where the wrong caused the death. The opened Part III damages sections of the Wrongs Act 1958 do not create a separate funeral head. The TAC page opened on 23 October 2026 says the amounts it lists are for deaths on or after 1 July 2026, and that the TAC can pay reasonable costs of a funeral and monument in Australia up to $19,940 including GST, and up to $6,650 including GST for reasonable travel and accommodation within Australia for an immediate family member who lives more than 100 kilometres from a service held in Australia. The WorkSafe Victoria page says a burial or cremation, and repatriation, are paid up to a maximum amount, and it states no dollar figure. Section 19(1) of the Wrongs Act says a pension, benefit or allowance under a law of the State shall not be taken into account in a Part III assessment. Whether a TAC or WorkSafe payment is that kind of sum is for the lawyer. - 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: Victoria: estate damages under Administration and Probate Act 1958 s 29, and the TAC or WorkSafe funeral payment where that scheme applies **Deliverable**: An invoice table with the estate head and any scheme payment flagged, and the deduction left blank. **Inputs** - Funeral invoices - TAC or WorkSafe payment records - Date of death **Example**: Illustrative example: The same funeral invoice is in the estate schedule and on a TAC payment list. The tool flags both rows. The lawyer decides whether section 19(1) reaches that payment. The page figures apply to deaths on or after 1 July 2026. **Stop and escalate when** - The date of death is before 1 July 2026 and a current TAC cap is still unknown. - The same invoice is added twice. Checked 2026-10-23. ## Sources - [Administration and Probate Act 1958 (Vic) s 29](https://classic.austlii.edu.au/au/legis/vic/consol_act/aapa1958259/s29.html) (checked 2026-10-23) - [TAC: when a family member dies](https://www.tac.vic.gov.au/what-to-do-after-an-accident/how-to-claim/when-someone-dies) (checked 2026-10-23) - [WorkSafe Victoria: entitlements following a work-related death](https://www.worksafe.vic.gov.au/entitlements-following-work-related-death) (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.*