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LIABILITY TO REGISTER THE DEATH HOW AND WHEN TO MAKE ARRANGEMENTS |
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What to do when a death occurs.
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LIABILITY TO REGISTER THE DEATH HOW AND WHEN TO MAKE ARRANGEMENTS |
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YOUR LIABILITY TO REGISTER THE DEATH The requirements differ depending on where the death occurred and in what circumstances. It is a legal requirement that the death be registered at the official registry office (usually within 5 days of the occurrence), and that the actual cause of death be positively established and recorded. Burial, cremation or overseas exportation of the deceased may not be carried out until the death has been formally registered and a certificate allowing the disposal of the body has been issued. If the death occurred at a private residence, including private or local authority administered residential homes, the usual G.P. (doctor) of the deceased should be called. You will need to give the full name of the deceased their date of birth (in known), their home address and the address at which the death occurred. Many doctors use the services of a 'deputising service' when they are busy or off duty. If the death occurs at night or during a holiday period a 'locum' doctor may attend in place of the deceased's usual G.P. The attending doctor will examine the deceased to establish that death has actually occurred and will make a note of the date, time and place that the death was established. If it is the deceased's own G.P. who attends at this time, and if the G.P. has attended the deceased within the previous 14 days and can positively certify the actual cause of death, then a certificate (called the ' Medical Certificate of Cause of Death ' or MCCD) will be issued.
REGULATIONS ON REGISTERING A DEATH If it is a doctor other than the deceased's own G.P. who attends, or if the G.P. does not feel able to certify as to the actual cause of death, no certificate will be issued and the death may be reported to the Coroner's office for further investigation. If the attending G.P. subsequently decides, after referring to medical records and receiving reports from a locum doctor, that he can positively certify the cause of death, then he will issue the Medical Certificate of Cause of death (MCCD). In the event that the Coroner becomes involved, there is no need for concern and the coroner's investigation will not usually delay the funeral arrangements. Much the same procedure is followed for deaths occurring in hospitals and other medical institutions, however, rather than the deceased's own G.P. issuing the MCCD the house officer of the institution will issue. In the event that the Coroner's officer is called to investigate the circumstances of the death, no MCCD will be issued. The Coroner's officer will question the attending doctors and relevant family members and co-habitees of the place where the death occurred, to satisfy himself that the death was entirely due to natural causes. When this fact is proven and the cause of death has been established beyond doubt, the Coroner's office will issue a substitute MCCD and a certificate for cremation (Coroner's form 'E') if cremation is desired. Where a Medical Certificate of Cause of Death or its substitute is issued, the death can be registered and the funeral can be held without further delay. Where a MCCD is issued, the next of kin, or closest personal contact of the deceased (called the 'Qualified Informant'), must attend the local office of the Registrar of Births and Deaths in person. Usually this will be in the town in which the death occurred. If it is not possible for the qualified informant to attend the Registrar's office in the town where the death occurred, it is possible, with the consent of the superintendent registrar, to register the death by proxy in another part of the country. In the event that an MCCD cannot lawfully be issued, the coroner will hold a post mortem examination of the deceased so that the actual cause of death can be positively established. If the finding of the post mortem (autopsy) is conclusive, and the actual cause of death is established, the coroner will issue notification to the registrar that the death can lawfully be registered and the funeral may proceed. If the autopsy does not positively establish the actual cause of death, or if the examination indicates circumstances other than natural causes, an inquest will be opened. No certificate will be issued by the registrar until the inquest is closed or adjorned. Where the Coroner's office becomes involved, the Coroner's officer will keep in close contact with the family of the deceased and will guide them through the legal procedures and certification processes. It is very important that the family of the deceased decide as early as possible whether a burial, cremation or overseas exportation of the body is required. Different certificates are required in each case, and can sometimes take a number of days to acquire. Your funeral director will take your instructions and make sure that all the necessary documentation is collated so that the desired funeral arrangement can proceed without problem. HOW AND WHEN TO MAKE FUNERAL ARRANGEMENTS You may visit your chosen funeral directors offices to make the arrangements or ask the funeral director to come to your home. In either case, the funeral director will make sure that you are given full details of the services that are available and the cost likely to be incurred when making your decisions. It is usual for a funeral to be held within five to eight days of the death. There is no particular reason for this and no legislation which dictates time schedules. Some families prefer to attend to the funeral as early as possible and others have reason to delay the ceremony for several weeks. Your own preferences will be given the utmost priority and the day and time of the service will be arranged to suit your requirements. There are many types of ceremony in common usage for funeral services. Still most common is the religious ceremony at which a which a duly commissioned minister or lay presider officiates. Increasingly more popular are the secular or civil ceremonies in which there is no reference to religious belief. Alongside this type of service are those offered by the British Humanist Society. It is also possible for the family and friends of the deceased to devise their own personal service and ceremony. Your funeral director will advise and assist to arrange, and if required, officiate or oversee any such requirements. It is so very difficult to take-in and understand fully everything that happens during the making of funeral arrangements and it is important that the service is designed and carried out exactly as the family and friends of the deceased wish. Under no circumstances must you feel rushed or pressured whilst making these important decisions, take your time and ask for everything to be written down and highlighted if this make things easier for you. It is also very important that you understand the financial commitment that you are entering into when making funeral arrangements. Your funeral director will give you a fully itemised estimate of the costs and fees that will be incurred. You can change or cancel any part of the arrangement at any time up until the day of the funeral. For an indication of the costs and fees involved in making a funeral arrange, please click on Funeral Costs & Charges. If you require further information, or if you wish to speak to a funeral director confidentially in person please feel free to phone, write or email us.
ADVICE ON PROBATE ADMINISTRATION
Sorting out someone's estate when they die can seem a daunting task, but its not as difficult as you might think, and you don't always need a solicitor... Having to administer an estate can be a simple business and, by doing it yourself, you can save hundreds, if not thousands, of pounds. It's usually the executors named in the will or, if the person dies without making a will, a close relative, who has the job of gathering in everything the person owned, paying off any debts and ensuring that what's left is given to the relevant beneficiaries. The task of administering an estate sounds daunting, but isn't if you have the time and don't mind writing letters and filling in forms. You can employ a solicitor to do it on your behalf but this may be costly - anything from £50 to £150 or more an hour.
You don't usually have to apply for probate if the value of an estate is less than £5,000 or if it is your spouse that has died and assets are in joint names. All you then need to do is register the death certificate with the appropriate Organisation, such as the bank or Building society, who may ask you to sign an indemnity form confirming that if any beneficiary comes forward in the future you accept responsibility for paying them.
If neither of these is the case, you will have to apply to the Probate Registry for a `grant of probate'- if there is a will -and a `grant of letters of administration' if there isn't. This proves that you have the authority to handle the deceased's estate. Your local Probate Registry will send you the forms you need with notes and guidance on what you have to do.
Administering an estate involves finding out exactly what the person owned and what it's worth. You'll need to contact their bank, insurance companies and any other financial institutions with which the person had dealings, and get a value for their savings and investments at the date of their death. You'll also need to have any property they owned valued, including personal possessions like jewellery, and put a valuation on their home contents.
You'll have to do the same with any debts - advertising in the local paper for creditors if necessary - and find out if any money is owed on credit cards, if there are other loans outstanding, and whether any money is owed to the taxman or to utility companies for gas, electricity and water. You should also notify the Benefits Agency if the person was receiving benefits.
Once you've established the values of the estate, you can fill in the Probate Registry forms, which show whether there will be any Inheritance Tax to pay. The funeral directors account and funeral expences are the first claim on the estate and should be paid before totaling the remaining debts and assets. It is quite in order for the funeral expences to be disbursed directly from the deceased's personal bank account or from other cash funds held on behalf of the deceased. In most cases, the Bank Manager or fund holder will make immidiate payment of the funeral account. The completed probate forms must be sent with the original will and a death certificate to the Registry. It will then be necessary to attend an interview, where you will be asked to swear on oath that the information you have provided is true.
If the value of the estate is less than £5,000, you don't have to pay a fee; if it's over that amount, a fee of £130 is applied. You can choose to go to the Registry nearest to you but bear in mind that if there is more than one executor you will both have to go together to swear the oath.
Once you have the grant, copies of it must be sent to organisations holding money belonging to the deceased with a request for them to release it to you, so that you can then pay off any debts and hand over the money and property according to the will, or the rules of intestacy if there is no will.
Then all that's left is to draw up the estate accounts. They have to show clearly the money received, payments made and how the estate was distributed. Ask the residual beneficiaries (the people who share what is left when all debts and other bequests have been paid out) to sign and then split the rest of the estate between them.
The Professionals If a will is at all complicated it is best to get expert help as you, the executor or administrator, will be liable if a beneficiary or creditor goes unpaid. Seek legal advice... o When some of the beneficiaries of the will are children under 18 o When the will is home-made and difficult to interpret o If the deceased owned a business o If the deceased's estate is likely to incur inheritance tax - the experts can advise on ways of saving tax o If there are family or charitable trusts involved o If the deceased has foreign assets o If the estate is insolvent o If a beneficiary has disappeared USEFUL TIPS o Open an executor's account and keep money separate from your own o Keep a diary of meetings and phone calls, copies of letters and documents o Keep the original will safe o Get copies of the grant with seal from the Probate - photocopies aren't valid o Read Wills and Probate (Which? E10.99) Please note the law in Scotland and Northern Ireland may be different.
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