Immediate Steps and Essential Guidance Following the Death of a Loved One
Bereavement is a traumatic time; however, our team of private client lawyers is available to assist with any questions you may have regarding Wills and Estate Administration. This article provides general guidance that may help address immediate concerns arising from the death of a loved one.
Registering the Death
If death occurs in a hospital or hospice, the attending doctor will typically issue a certificate of “cause of death” to the next of kin. When the death occurs at home, this certificate is generally provided by the deceased’s GP.
In cases where death occurs under unexplained circumstances, involves violence, or follows a hospital operation, the matter may be referred to the Coroner for further investigation.
The person entitled to register the death is generally a close family member, someone present at the time of death, or the person responsible for “causing the body to be buried” (usually the Executor named in the deceased’s Will).
Before contacting the local Registrar’s office for an appointment, the person registering the death must obtain the “cause of death” certificate. In some cases, the certificate is sent directly to the Registrar’s office.
To register the death, you will need details including the deceased’s full name, any maiden or alias names, date and place of birth, marital status, occupation, and, if applicable, the name and occupation of their spouse.
If the Coroner is involved, an inquest or ongoing inquiries may delay the issue of a full death certificate, resulting in a temporary or limited certificate instead.
Arranging the Funeral
The Executor named in the Will is entitled to arrange the funeral, subject to any directions specified in the Will. The deceased may have left instructions regarding their wishes in their Will or as a separate note, so it is advisable to check for these carefully.
Many people now have funeral plans that cover most or all funeral expenses, or they may have taken out a life insurance policy intended to pay these costs. Some individuals prefer a quiet arrangement and may have chosen to pre-arrange and pay for an unattended cremation, where no ceremony or mourners are involved.
If funeral expenses are not covered by an existing plan or policy, the invoice for the funeral and any reasonable costs associated with a wake, burial, or cremation can be paid from the deceased’s bank account (provided there are sufficient funds). The Executor should submit the bills and the death certificate to the bank for processing.
The “Tell Us Once” Service
Once the death is registered, a code will be provided, enabling access to this valuable service. The code allows for a single notification to multiple government-linked organisations, including the Department for Work and Pensions (DWP), County Library Services, Council Tax Office, HMRC, Passport Office, Social Services and Electoral Services.
Safeguarding the Deceased’s Assets
This responsibility falls to the Executor. If the Executor is not immediately known, a close friend or family member may need to take initial steps. If the deceased lived alone, it’s essential to secure their home. The only items that should be disposed of at this stage are perishables, such as food in the refrigerator. Any pets should also be provided with care arrangements.
If the property is now unoccupied, the home insurer must be notified of this change immediately. Compliance with any insurance conditions, such as minimum heating levels in winter or regular property checks, is important. If no insurance policy is found, we can assist in arranging one on the Executor’s behalf.
Locating the Will
Many individuals leave copies of their Will with family members or in their homes. However, any Will found should be carefully reviewed, as it may have been replaced by a newer version. We can help by conducting a Missing Will Search, which includes a search of the National Will Register (now containing many recently professionally prepared Wills) and inquiries to solicitors and Will writers in the deceased’s area to determine if a more recent Will is held.
If There Is No Will
The Executor is appointed by the Will. If no valid Will is located, the Rules of Intestacy apply, determining the order of priority among the deceased’s relatives for who may manage the estate. This person is known as the Administrator.
Intermeddling
Anyone taking steps to manage the deceased’s affairs should exercise caution unless they are certain they are named as the Executor in the Will. Acting without authority beyond basic tasks, such as registering the death, arranging the funeral, and securing the house and assets, may constitute “intermeddling.” If a Will is later found appointing a different Executor, the person intermeddling may have assumed personal responsibility, potentially incurring future financial liabilities.
Moving Forward with Estate Administration
This article serves as an initial reference in the event of bereavement. Moving forward, our team of Private Client lawyers is available to provide any assistance the Executor or Administrator may need. This could range from a one-time, fixed-fee meeting for initial guidance to comprehensive support with HMRC Inheritance Tax paperwork and obtaining the grant of probate, or managing all aspects of the estate’s administration.
We provide a detailed fee estimate for each scenario, and, except in exceptional cases, the cost of legal assistance sought by the Executor or Administrator can be paid from the estate.
Our friendly team of experienced solicitors offer a tailored approach to your legal requirements. From planning for the future to dealing with the death of a loved one, Rogers & Norton provide a sensitive and personalised service. For more information, visit our Wills, Trusts and Probate services page, or contact us by calling 01603 666001 or emailing enquiries@rogers-norton.co.uk.