Organising a funeral can add stress at an already stressful time. Having some idea of what is involved can help and make the process a little less daunting.
Who?
Nobody wants to organise a funeral although usually the task falls to family or close friends. If there is an executor or executors named in a will or appointed by the court then they have the authority to organise the funeral but generally would only intervene if a dispute arose about who should make the arrangements. That said the executor is often a close relative in any event.
If there is nobody to take on the role then the solicitor dealing with the estate or the local authority may step in.
What to do?
Generally, the first port of call will be with a funeral director or undertaker. You must take the certificate of registration of death (Form 14) provided by the Registrar when the death was registered. You should check amongst the deceased’s papers or with their solicitor to see if they had a pre-paid funeral plan or bond. If they did you may have to contact a particular funeral director.
If using a funeral director then you should check that they belong to a professional association such as the National Association of Funeral Directors (NAFD) or Society of Allied and Independent Funeral Directors (SAIF) as they will have codes of practice and complaints procedures.
You don’t have to use a funeral director at all. If you want to arrange a funeral yourself then the Natural Death Centre or Cemeteries and Crematorium Department of your local authority will be able to assist.
What to expect?
Funerals can be very modest or extremely elaborate. A funeral director will provide some of the essentials such as a simple coffin; transport of the deceased to the funeral directors premises and provision of a hearse to take the deceased to the crematorium or cemetery; and dealing with necessary paperwork and forms.
There are additional arrangements and services which you should consider (for example, whether to have burial or cremation, whether to have flowers or donations to charity and whether to put a notice in the paper) which can either be arranged by the funeral director or yourself. The funeral director will be able to advise you on all the services and options available.
Paying for a funeral
Funerals can be costly and if you are arranging one then, ultimately, you will be responsible for settling the bill. Usually, however, you will be reimbursed for all reasonably incurred costs from the deceased’s funds but it can take some time to access those funds.
Understandably, your mind may not be focussed on cost but you should ask about prices and request a written estimate.
Different funeral directors have different requirements when it comes to payment so do ask. Some require a deposit and some insist that their invoice is settled at the time of making the arrangements or within a relatively short period of time. Other funeral directors are agreeable to forwarding their invoice to the solicitor dealing with winding up the deceased’s estate. Thereafter, the solicitor can pass the invoice to the deceased’s bank who may settle the bill from funds at credit in the account. You can do this yourself if a solicitor is not involved but you must hand in the original unpaid invoice – the bank may be happy to pay the funeral director direct but are less likely to reimburse a third party who has already settled the bill.
If you are on a low income you may be able to get a Funeral Payment but you must claim in time, be in receipt of certain benefits or tax credits and meet the rules on your relationship with the deceased. You can get more details here.
If you need any help or advice about dealing with the practicalities when you lose someone close to you, please contact a member of our Private Client team who will be able to provide sympathetic legal advice.
Article 1 - Registering a death
Article 3 - Seeing a solicitor
