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What Happens When You Die? (Legally)

What Happens When You Die?  

If you’re expecting a commentary on the age-old question of heaven and hell and what if anything happens next...then scroll on by! What happens when you die is not something anyone can answer, at least not in the metaphysical sense. In the legal and practical sense, we can give some guidance. 

Benjamin Franklin claimed death and taxes, were two of life's inevitabilities and since we can't escape either, and as tax is beyond my repertoire, so let's talk about death. 

There are things you want to do and things that you must do so let's start there.

 

Register the Death:  

  • You will need to collect the Medical Certificate of Cause of Death (MCCD for short) from the hospital of doctor unless the coroner is involved. Once you have this make an appointment with the registrar in the county in which the death occurred (not where they lived) to complete the official registration. 

  • The registration process takes approximately 30 minutes. If possible, you should also take the following documents along with the medical certificate. They are not essential, but they will help provide the extra information that the registrar will need to complete the registration. If you can't find it don’t worry making the appointment is more important than the gathering of this information 

  • NHS card (also called the medical card) 

  • Birth certificate 

  • Driving licence 

  • Council tax bill 

  • Marriage or civil partnership certificate (if applicable) 

  • National Insurance number of the deceased and the number of a surviving spouse or civil partner. 

  • Passport 

  • Proof of address (e.g. utility bill) 

  • The registrar will help you with the process. They will require the following information about the deceased: 

  • Date and place of the death 

  • The address of the person 

  • Their full names (including the maiden name of a married woman). Any former married names or other names by which the deceased was known can also be recorded. 

  • Where and when they were born (the town or county is sufficient if the exact address is not known). Only the country of origin is required for people born outside the United Kingdom.  

  • Their occupation 

  • Details of their wife or husband or civil partner 

  • If they had a pension 

  • You should also take Identification and proof of your own address 

 

The registrar will provide you with: 

  • Death Certificates – These are all certified copies of the original entry which stays with the Registrar and are usually a light green colour. You will need copies and it is cheaper and easier to this at the appointment than having to go back  

  • Certificate for Cremation or Burial – also called the Green Form. The Funeral Director will need this 

 

Arrange a Funeral:  

  • If the deceased had a prearranged funeral plan, then you will need to contact them to let them know. If not, then you can either hire a funeral director or make the arrangements yourself 

  • If you’re choosing a funeral director, then chose one who is a member of an organisation with a code of practice: 

https://www.funeral-directory.co.uk/   

http://www.saif.org.uk/members-search/ 

 

The British Humanist Association and Institute of Civil Funerals can also help with non-religious funerals. 

  • If you’re making the arrangements yourself, contact the Cemeteries and Crematorium Department of your local council. 

  • It’s important to remember when you hand over the “Green Form” you’re personally entering into the contract for payment with the Funeral Director.  

 

Funeral costs can include: 

  • funeral director fees 

  • things the funeral director pays for on your behalf (called ‘disbursements’ or ‘third-party costs’), for example crematorium or cemetery fees, or a newspaper announcement about the death 

  • local authority burial or cremation fees 

  • If you have found a Will or even a Letter of Wishes this might give you an idea about what your loved one wants for their funeral. This can be a relief for some as it takes some of the decisions out of their hands, but it can be a concern for others especially if there is not enough money or the requests are unrealistic. It is important to understand that funeral wishes in a Will are not legally binding and do not have to be followed if they are not possible. This can present a moral dilemma but doing the right thing does not always mean following their wishes to the letter. 

 

Paying for a Funeral: 

 The funeral can be paid for: 

  • from a financial scheme the person had, for example a pre-paid funeral plan or insurance policy 

  • by you, or other family members or friends 

  • with money from the person’s estate (savings, for example) 

  • You can apply for a Funeral Expenses Payment if you have difficulty paying for the funeral. 

 

So, before you move on to the next steps, it is worth checking whether you are the right person to continue. The responsibility of dealing with someone's estate (which includes all assets, property, money, and possessions owned at the time of their death) is often allocated to someone called an Executor in the Last will and Testament. This means that even if you are someone's closest living relative, they may have appointed someone else to carry out these tasks. 

These tasks include 

  • Inventory and Valuation: Create a detailed list of assets, liabilities, and their values. 

  • Apply for the Grant of Probate: This involves filling out the necessary forms and sending them to the Probate Registry. 

  • Settle Outstanding Debts: Pay off any debts from the deceased's assets. Ensure inheritance tax is calculated and paid if applicable. 

  • Distribute the Estate: Following the wishes outlined in the will, distribute the assets to beneficiaries. 

  • Keep Records: Maintain records of all transactions just in case there are questions or disputes. 

  • Closing the Estate: Once everything is settled, close the estate, and notify the Probate Registry. 

 

In a perfect world, when someone dies their Will would be easily located, their assets and finances would be easily identified, and the Probate court process would be quick. Unfortunately, this is not always the case and there are many pitfalls simply because it is not an everyday thing to deal with. 

Firstly, you need to remember that there is no deadline. Take time for yourself, grieve, do what you need to, to ensure that you are in the right place to begin this process.  

Secondly, you do not have to do it alone. There are specialists out there who work with bereavement every day. Do not be afraid to reach out and get some specialist help. While dealing with bereavement and probate is never easy and having someone at the end of the phone is a good idea. 

 

You may come across some jargon you are unfamiliar with, so here is a little breakdown of words and phrases you may come across. 

Probate Jargon Busting: 

  • Last Will and Testament: A legal document that outlines how a person's assets should be distributed after their death. 

  • Executor: This is the person named in the will to manage the deceased's affairs. They are responsible for dealing with everything from paying debts to distributing assets. 

  • Grant of Probate/Letters of Administration: This is a document from the court that gives the executor the legal authority to manage the deceased's estate. 

  • Intestacy: When someone dies without a valid will, their estate is distributed according to intestacy laws.