With death often described as the ‘last taboo’, many people are unfamiliar with the processes that require to be carried out after the death of a loved one. But as long as you understand the basic procedures, there is plenty of help available.
Registering the death
In Scotland a death must be registered within eight days with the Registrar of Births, Deaths and Marriages, with the address of your local registrar easily found online or in the phone book. Many registrars’ offices have appointments systems, so you will need to phone ahead. You will need to take with you:
- the medical certificate from the doctor or hospital showing the cause of death
- and, if you have them, the deceased’s birth certificate and marriage/civil partnership certificate.
The person registering the death does not have to be the next of kin. It could be another relative, someone who was present at the death, or the deceased’s executor or other legal representative.
The requirements for registering a death in other parts of the UK are slightly different (for example, the time allowed to register the death), so you would need to check this if the death happened in England, Wales or Northern Ireland).
Arranging a funeral
Most families use a funeral director or undertaker to arrange a loved one’s funeral, though there is no obligation to do so. You may be able to arrange a cremation or burial direct with your local authority, though this will clearly involve more work at a difficult time.
If the deceased has left instructions for his or her funeral, this will ease dilemmas over anything from the type of coffin to the choice of hymns or poems. Though family members will naturally want to do everything possible to meet the deceased’s wishes about the funeral, they are not legally required to implement them if they are not feasible or are disproportionately costly.
Dealing with the Will
There is no need to involve solicitors when it comes to registering a death or arranging a funeral, but in sorting out the rest of the deceased’s affairs, professional help is usually recommended.
The deceased’s Will, if there is one, will name an executor, and he or she should take the lead in dealing with the solicitors. It may be possible to take along a family member or friend for support, but it is advisable to check with the solicitor first.
For the first meeting, the executor should take the death certificate, the original Will and the title deeds to any property owned by the deceased (although these may already be held by the solicitor). The solicitor will tell you what other paperwork is needed, from bank details to share certificates to vehicle registration documents.
Often, before any property from the estate can be sold or transferred or money from bank accounts and investments released, the executor has to obtain a Grant of Confirmation (known as Probate in England), a formal court document authorising the executors to deal with the estate. Your solicitor will help with this.
To obtain a Grant of Confirmation, the solicitor must prepare a detailed list of everything the deceased owned, with precise values at the date of death. This can be a laborious process, and is much helped if the deceased had their papers in good order before their death.
The above is a greatly abbreviated version of the tasks to be done after someone’s death, but it does give you an idea of the duties involved.
All these legal and administrative requirements can be daunting, especially at a time when you may not have an appetite to deal with them. That is where we can help with sympathetic, practical advice to cope with the burden of paperwork and legal processes at a difficult or emotional period.
