The Steps You Need to Take After a Bereavement: A Comprehensive Guide

Overview

When a family member passes away, there are several legal steps that must be taken to settle their estate. These steps include registering the death, arranging the funeral, locating the will, obtaining a grant of representation, notifying the relevant parties, paying any debts and taxes, and distributing the assets.

Register the Death

The death must be registered with the local Registrar of Births, Deaths, and Marriages within five days (eight days in Scotland). The death certificate will be necessary to settle the estate and claim benefits.

Arrange the Funeral

The executor of the will or the next of kin is responsible for arranging the funeral. The funeral can be arranged with a funeral director or by the executor or next of kin themselves.

Locate the Will

If a will exists, it should be located and read as soon as possible. The will may name an executor who will be responsible for administering the estate.

Obtain a Grant of Representation

If the deceased left a will, the executor will need to apply for a grant of probate. If the deceased did not leave a will, the next of kin will need to apply for a grant of letters of administration.

Notify the Relevant Parties

The executor or administrator should notify any relevant parties, such as banks, government departments, and beneficiaries.

Pay Any Debts and Taxes

The executor or administrator is responsible for paying any debts and taxes that the deceased owed.

Distribute the Assets

Once all debts and taxes have been paid, the executor or administrator can distribute the remaining assets to the beneficiaries according to the will or the laws of intestacy.

It is important to note that settling an estate can be a complex and time-consuming process. It is recommended to consult a probate solicitor or professional to guide you through the process.

Frequently Asked Questions

How to Register a Death in the UK?

To register a death in the UK, you must first obtain a medical certificate from a doctor that confirms the cause of death. Then, you need to register the death with the local registrar within five days of the death. You can register the death at any register office, but it's best to register it in the area where the person died. You will need to provide the following information:

• The person's full name, date, and place of birth
• Their last address
• Their occupation
• The full name, date of birth, and occupation of their spouse or civil partner (if applicable)
• Whether the person was receiving any state benefits

What is the Procedure for Arranging a Funeral?

The procedure for arranging a funeral varies depending on your personal preferences and religious or cultural beliefs. You can either arrange the funeral yourself or use a funeral director. If you choose to use a funeral director, they will take care of all the arrangements, including transporting the deceased, preparing the body, and arranging the ceremony. If you decide to arrange the funeral yourself, you will need to arrange transportation, choose a funeral venue, and arrange for the body to be prepared. You can also choose to have a religious or non-religious ceremony.

Who Must be Notified When a Person Passes Away?

When a person passes away, you must notify the following people or organizations:

• The family doctor
• The local registrar to register the death
• The executor of the deceased's will (if applicable)
• The deceased's employer (if applicable)
• The Department for Work and Pensions (if the person was receiving state benefits)
• The deceased's bank, utility companies, and other service providers

What are the Legal Requirements for Dealing with the Deceased's Estate?

When someone passes away, their estate (including their money, property, and possessions) must be dealt with according to their will or the laws of intestacy if they did not leave a will. The legal requirements for dealing with the deceased's estate include:

• Valuing the estate
• Applying for probate (if applicable)
• Paying any debts and taxes owed by the deceased
• Distributing the estate to the beneficiaries

How can you Access Grief Support and Counselling Services?

There are several ways to access grief support and counselling services in the UK. You can:

• Speak to your GP who can refer you to a counsellor or therapist
• Contact a bereavement charity such as Cruse Bereavement Care or the Samaritans
• Attend a support group for people who have experienced a similar loss
• Seek online support through forums or websites

What are the Steps to Manage the Deceased's Financial Affairs?

To manage the deceased's financial affairs, you need to follow these steps:

• Notify the relevant banks, building societies, and other financial institutions of the death
• Close any joint accounts and transfer the deceased's funds to a new account
• Pay off any outstanding debts and cancel any direct debits or standing orders
• Claim any life insurance policies or pensions that the deceased may have had
• Notify HM Revenue and Customs of the death and pay any outstanding taxes owed by the deceased

via Curtis Legal Wills and Probate Solicitors ift.tt/FfEQp6b