Companies
What happens after death will be set out in either:
The company’s Constitution; or
Section 1072A of the Corporations Act 2001 (Cth). If the Constitution does not set out what happens after death or the company does not have a Constitution, the what happens after death is set out in Section 1072A of the Corporations Act 2001 (Cth).
If shares not held jointly
(1) If a shareholder who does not own shares jointly dies, the company will recognise only the personal representative of the deceased shareholder as being entitled to the deceased shareholder’s interest in the shares.
(2) If the personal representative gives the directors the information they reasonably require to establish the representative’s entitlement to be registered as holder of the shares:
(a) the personal representative may:
(i) by giving a written and signed notice to the company, elect to be registered as the holder of the shares; or
(ii) by giving a completed transfer form to the company, transfer the shares to another person; and
(b) the personal representative is entitled, whether or not registered as the holder of the shares, to the same rights as the deceased shareholder.
(3) On receiving an election under subparagraph (2)(a)(i), the company must register the personal representative as the holder of the shares.
(4) A transfer under subparagraph (2)(a)(ii) is subject to the same rules (for example, about entitlement to transfer and registration of transfers) as apply to transfers generally.
If shares held jointly
(5) If a shareholder who owns shares jointly dies, the company will recognise only the survivor as being entitled to the deceased shareholder’s interest in the shares. The estate of the deceased shareholder is not released from any liability in respect of the shares.