Property Instructions for Your Parent’s Executor: A Melbourne Carer’s Plan Before Capacity Slips
You’re the adult child organising things for an aging parent in Melbourne. There’s the family home in the inner suburbs, maybe an investment unit they bought in the 90s, and the holiday house at the Mornington Peninsula that everyone uses but nobody is quite sure who insures. Your parent’s executor — possibly you, possibly a sibling, possibly a solicitor — will eventually need a clear picture of every property, who holds the title, who insures it, and who manages it. The plan is to record that picture now, while your parent can still confirm the details, without handing anyone the keys early.
The problem
ASIC’s MoneySmart guidance on wills and estate planning is direct: an executor’s job is to identify and gather the assets of the estate, settle debts, and distribute what remains under the will. For property, that’s the slowest, costliest step. Titles in Victoria are electronic and held by Land Use Victoria, but the executor still has to know which properties exist, find the original purchase documents, identify the current insurer and mortgagee, contact any property manager handling tenants, and locate the conveyancer or solicitor who acted on the last transaction. If your parent loses capacity before that information is written down, the executor reconstructs it from bank statements, council rates notices, and memory.
Probate in Victoria routinely takes months for a property-heavy estate. Most of that delay is information delay, not legal delay. Insurance lapses while nobody knows which insurer to call. Tenants stop paying because nobody tells them where to send rent. Rates go into arrears. The estate pays for all of it.
What the Asset Instruction Vault does
The Digital Legacy Vault is an asset-instruction register: you record what your parent owns, where to find it, and who you’ve nominated to receive the instructions. The simplified version (built for individuals and families) records, per property: the full address, the ownership structure (sole, joint tenants, tenants in common, family trust), where the title documents and original contract of sale are physically kept, the current insurer and policy number, the mortgagee if there’s a loan outstanding, the property manager or tenant contact, and the conveyancer or solicitor who last acted. It does NOT hold the title deed itself, login credentials for the insurer’s portal, or banking access.
The boundary matters: the Digital Legacy Vault is not a financial product, not a custody service, and not an advice service. It does not tell the executor whether to sell, hold, or transfer the property — that’s the executor’s decision under the will, with their own legal advice. It records the facts they need to act. That’s what keeps the vault outside the AFSL regime under Corporations Act Part 7.6 and outside AUSTRAC reporting obligations.
How it works
- You sit with your parent and add each property to the vault — address, ownership structure, where the paper title and purchase contract live, current insurer, mortgagee if any.
- You record the property manager (if tenanted) and the conveyancer or solicitor who acted on the most recent transaction.
- You name your parent’s executor as the recipient for the property module. The executor accepts the nomination and the vault records their consent — meeting the Privacy Act expectation that personal information about a third party is handled with their awareness.
- While your parent is alive and has capacity, you keep the entries current — new insurer, refinanced loan, new tenant, sold property.
- On release (per the rules your parent sets — typically on death, with a death certificate), the executor sees only the property instructions module. They contact each insurer, mortgagee, and conveyancer directly with the facts they need to start administration.
Why this matters in Melbourne
Melbourne carers often manage parents whose property holdings span four decades of the city’s growth — a long-held principal residence in an established suburb, a unit bought as an investment when stamp duty was cheaper, and a coastal or regional Victorian property held jointly with a sibling or in a family trust. Each of those has a different insurer, possibly a different conveyancer, and possibly a different ownership structure. When the executor starts work, the difference between a complete instructions module and a shoebox of paperwork is often six months of administration time and several thousand dollars in avoidable holding costs.
Sources
- ASIC MoneySmart — Wills and power of attorney: https://moneysmart.gov.au/plan-for-your-retirement/wills-and-powers-of-attorney
- Office of the Australian Information Commissioner — The Privacy Act: https://www.oaic.gov.au/privacy/the-privacy-act
- ASIC — Giving financial product advice (AFSL boundary): https://asic.gov.au/regulatory-resources/financial-services/giving-financial-product-advice/
- Exegesis — Digital Legacy Vault (simplified version, live waitlist)
Join the waitlist
Join the waitlist — first access when the Digital Legacy Vault opens for Melbourne carers
We’re opening waitlist access in tranches. Sign up to be notified when carers organising property instructions for an aging parent in Melbourne can register their first module. The Digital Legacy Vault holds instructions about what exists and how your parent’s executor can find it — not the title deeds, not the insurer logins, and not the property itself.