Death and Bereavement

What to do after death

There will be different immediate procedures if your relative died in hospital, at home, abroad etc. The Citizens Advice Bureau (this is an external hyperlink) offers a comprehensive guide which is available to you.  The following pages have been put together to provide you with some useful help and guidance with the arrangements that will need to be made after a death.

If the death occurred in hospital

Most deaths take place in hospital, or a nursing home. If your relative dies in hospital, staff will lay out the body and arrange for it to be taken to the hospital mortuary.  The hospital staff will then contact the person named by the deceased as next of kin.  This may, but need not be a relative.  You may if you wish request to see a hospital Chaplin.  The hospital will keep the body in the hospital mortuary until the executor arranges for it to be taken away.  Most funeral directors have a chapel of rest in which the deceased will be held pending the funeral.  The hospital will arrange for the nearest relative to collect the deceased possessions.

If the death occurs at home

When someone dies at home, their GP should be called.  The GP will issue a certificate giving the cause of death.  If the person did not have a GP, call for an ambulance instead.

If the death occurred abroad

If a death takes place abroad it must be registered according to the law of that country.  The death should be reported  to the British Consul (this is an external hyperlink) who may also be able to arrange for the death to be registered in  the UK.  The cost of returning a body to the UK is expensive but the cost may be covered by their travel insurance.  If your relative was on a package holiday the tour operator should be able to help with the arrangements.

 

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Expected death

If the death was expected, contact the doctor who attended the deceased during their final illness.  If the doctor can certify the cause of death he or she will give you the following;

• A medical certificate that shows the cause of death (this is free of charge and will be in a sealed envelope addressed to the registrar)
• A formal notice that states that the doctor has signed the medical certificate and tells you how to get the death registered.

You may at this stage wish to contact the deceased's minister of religion.  Arrangements for the funeral may be made by a funeral director.  If the death followed illness from HIV or Aids, there may be special rules about handling the body.

Unexpected death

If you discover a body or a death is sudden or unexpected, you should contact the following people:

• The family doctor (if known)
• The deceased's nearest relative
• The deceased's minister of religion
• The police (this is an external hyperlink), who can help find the people listed above.

Important information

If there is any reason to suspect the death was not due to natural causes, do not touch or remove anything from the room.  The death may be referred to the Coroner.  The doctor may ask the relatives for permission to carry out a post mortem examination.  This is a medical examination of the body which can find out more about the cause of death and should not delay the funeral.

 

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Reporting the death to the Coroner

In any of the following circumstances the doctor may report to the Coroner.

• an accident or injury
• an industrial disease
• during a surgical operation
• before recovery from an anaesthetic
• if the cause of death is not known
• the death was sudden and unexplained, for instance, a sudden infant death (cot death)

You will be advised if the death has to be reported to the Coroner, in which case the death cannot be registered nor can the funeral take place, without the Coroners authorisation.  Where a death is reported to the coroner, the Coroners office will contact the relatives.

A Coroner can order a post-mortem examination without getting the relatives permission.  This examination will ascertain the cause of death, (this is an inquest).  When an inquest is called, the Coroner's office will contact the relatives.  This should not cause undue distress as it is a legal formality.

In such cases the Death Certificate will be issued direct to you from the Coroners Office and the relatives must then go to the registrar to register the death.  When an inquest is to be held, the death cannot be registered until the conclusion of the inquest, but a certificate will normally be used at the opening of the inquest to allow the funeral to take place.

 

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Registering a death

The death must be registered in the District Registration Office (this is an external hyperlink) where it occurred.

The Registration Office for Fareham is located at:
4-8 Osborn Road, South
Fareham
PO16 7DG
Telephone: 01329 281244

Opening times

Monday to Friday, 9.30am  to 12.30pm and Monday and Fridays, 2pm to 3.30pm.

It is also possible to make a declaration to register the death before any Registrar in England and Wales to be posted to the Register Office for the district where the death took place.  If you choose to do this there could well be a delay in the funeral arrangements and in receiving documents.

When does the death need to be registered?

In England, Wales, and  Northern Ireland, a death should be registered within five days of its happening.  Registration can be delayed for a further nine days provided the Register receives, in writing, confirmation that a medical certificate of the cause of death has been signed by the doctor.

Who can register a death?

People with legal responsibility to register include:

• A relative of the deceased
• A person present at the death
• A person arranging the funeral - this does not mean the funeral director

In certain circumstances other such as the administrator of an elderly persons home, can register a death, for advice please contact the register office.

What is needed to register a death?

The registrar will interview you in private and will need to know the following information:

• The date and place of death
• The full name and surname, and maiden name if the person has died was a married woman
• The date and place of birth
• The occupation and, if the deceased person was a married woman or widow the full name and occupation of her husband
• The usual address
• If the person who has died was married, the date of the birth of the surviving spouse
• Whether the person who has died was receiving a pension from public funds

You will need to bring:

• The medical certificate of cause issued by the doctor treating the person who has died.  This is essential  - the registrar can do nothing without it.  If the death has been referred to the Coroner, the Coroner's Office will advise you what to do.
• If the deceased received a pension or allowance from public funds, e.g. Civil Service or Army Pensions, please inform the Registrar.

The registrar will enter all these details into a computer system and will then give you the opportunity to check if they are correct.  The information will then written into a register.  This is the 'original' legal record and you should check it through very carefully before signing it, as any mistakes discovered later on may be difficult to correct.

What documents will I receive?

• A 'green form' which enables to arrange the funeral (if the coroner is involved different procedures may apply)
• You will also be given a form for social security purposes.

Both of these documents are issued free of charge.

A death certificate can also be purchased from the registrar.

 

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Funeral arrangements

When the death certificate has been issued by the registrar, you will also be given a certificate authorising the funeral.

The choice of firm for funeral directors is important as you should feel comfortable and confident with them.  They may be known to you personally, may be recommended by a friend, your GP or religious advisor or may just have a good reputation in your area.

The Funeral Standards Council, National Association of Funeral Directors (this is an external hyperlink) and Society of Allied and Independent Funeral Directors all have a code of practice and should give you an estimate of costs - their own and those fees they will pay on your behalf and add to the account.

Yellow pages (this is an external hyperlink) have a good list of funeral directors.  Make sure you get a estimate of costs, their own and those fees that they will be paying on your behalf, i.e. Cemetery fees (56 Kb) .  You can ask for this estimate in advance and it's a good idea to ask different firms to quote so that you can compare costs.

Your funeral director can make all the arrangements for the funeral, burial or cremation, religious or secular service.  The funeral director can also advise on all the procedures and documents needed to register the death.

At Fareham Borough Council, we pride ourselves on managing our local Cemeteries in a caring manner. Just as important is our determination that your dealings with us should be handled professionally and sympathetically.

If you are considering a headstone, we would advise you to wait for a period of approximately six months before placing it. 

However, we suggest you contact your preferred choice of monumental mason as soon as possible to avoid any delay after the six month period.

 

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Non-Religious services

There is no requirement to have a religious ceremony, or any kind of ceremony at all at a funeral.  People that regard religion not to be important or have made the decision to live their lives without it may prefer a Humanist Ceremony.

This type of ceremony is not intended to oppose a religious funeral, but to provide a dignified and respectful celebration of the death that has occurred.

At this type of funeral the services of a officiant, on the lines of a minister or celebrant are commonly employed.  They will conduct the proceeding which can involve readings of appropriate prose, tributes by attendees or the officiant and the playing of appropriate music.

The British Humanist Association website (this is an external hyperlink) offers advice on all aspects of humanist ceremonies and produce a booklet Funerals without God, a practical guide to Non-religious funerals (this is an external hyperlink) which can be purchased for ?5.00 (Incl P&P).  Celebrants are trained professionals who can officiate at funerals, weddings, namings or any other rite of passage.

If you do not want a ceremony at all, members of the family or close friends can attend the committal, which can be in silence or music can be played.

Non Church of England funerals

If you have to arrange a funeral for someone who is of a faith different from your own, it is important to contact the equivalent of the local priest of the denomination to find out what needs to be done.

Non Christian and Minority Group funerals

Non-Christian and Minority Group Funerals, a brief word on the practises of other faiths are listed further on.

Muslim

Most Muslim communities appoint one person who is responsible for making funeral arrangements. It will be their job to advise of the rules and to select a suitable funeral director.

Hindu

Hindus are always cremated, and never buried. There are many possible variations of rites which depend on their form of Hinduism.  The Asian Funeral Service can give advice on and arrange Hindu Funerals.  They can be contacted on Tel: 020 8909 3737 or e-mail asianfuneralservice@btinternet.com 

Jewish

Jewish funerals are usually arranged by a dedicated Jewish Funeral Agency, or the local community may have a contract with a Gentile funeral service, which will be carried out under strict rabbinical control.  The Jewish Bereavement  Counselling Service offers support and can be contacted on Tel: 020 8349 0839.

 

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Legal advice

If you have any difficultly in dealing with the deceased's property, possessions or guardianship of their children, get advice from a solicitor or the Citizens Advice Bureau as soon as possible.

From the CAB (this is an external hyperlink) you can get the leaflets, Legal Aid Guide and getting Legal Help from a Citizens Advice Bureau, public library , police station or a court, to find out if you can get legal aid.

These places also hold a list of local solicitors which shows whether they take legal aid cases and if they specialise in probate work.  Again you can search for local solicitors using online directories;

• Yellow Pages (this is an external hyperlink)
• Scoot (this is an external hyperlink)

The Legal Services Commission website (this is an external hyperlink) also contains leaflets and other useful information.

Many solicitors are prepared to offer up to half an hour legal advice for free, or a small fee, for an initial consultation to discuss your situation.

 

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What is probate and do I need it?

The word 'probate' is often misunderstood. It conjures up images of months of difficulty and delay.  This is not inevitable and many simple probates are finished quite easily in a month or so.

Putting it simply, a probate is a piece of paper, nothing more.  It is a document issued by the Probate Registry confirming that an executor has the right to wind up an estate of the person who has died.  The "estate" is the house, money and savings left by someone when they pass away.  The "executor" is the person chosen in the will to sort out the estate and make sure it goes to the people named within the will.

Do I have to have it?

This depends on the size of the estate.  Quite often, when the estate is very small no probate is needed.

How do I get it?

By filling in the forms. If the estate is small the forms do not have to give full details of it.  The important form is the "Executors Oath".  This is not usually available from stationery shops but can be found in books about probate.  Its has to be sworn as being true.

For more information on Probate, including application forms, fees etc, visit the website of the Court Service at www.courtservice.gov.uk (this is an external hyperlink)

Do I have to use a solicitor?

No, but it helps.  You can also apply direct to the Probate Registry yourself.  Most solicitors offer probate services and their fees depend upon the amount of work necessary and the size of the estate.  Always ask them first.

 

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Wills

In order for a will to be valid, it must be;-

• Made by a person who is 18 years or older; and
• made voluntarily and without pressure from any other person; and
• made by a person who is of sound mind.  This means that he/she is fully aware of the nature of the document he/she is writing or signing and aware of her/his property and the identify the people who  may inherit; and in writing; and
• signed by the person making the will in the presence of two witnesses; and
• signed by the two witnesses, in the presence of the person making the will, after she/he has signed.  A witness of the married partner of a witness cannot benefit from a will.  If a witness is a beneficiary (or the married partner of a beneficiary),  the will is still valid but the beneficiary will not be able to inherit under the will.

Although it will be legally valid even if it is not dated, it is advisable to ensure that the will also includes the date on which it is signed.

As soon as the will is signed and witnessed, it is complete.

What if there is no will?

Speak to a solicitor (this is an external hyperlink) - it is safer in the long run because various laws affect who is entitled to wind up the estate and receive the money.

Further information about making a will can be found on www.makingawill.org.uk (this is an external hyperlink).

 

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Tax

If the person who died was paying Tax on income from investments or was a self employed person or was an employee, tell the tax office about the death as soon as possible.  This will enable the deceased's tax affairs to be settled.  Depending on the circumstances, this may involve some more tax or claiming a repayment.

The particular tax office to contact will depend on the deceased's circumstances.

For instance:

• if the deceased was an employee or had a pension from a former employer, the pay section of the employer or pension organisation will know the deceased's tax office.
• if the deceased was self-employed, contact the tax office nearest to the place of business.
• if the deceased was unemployed, or retired without pension from a former employer, contact the tax office nearest to the home address.

Inland Revenue leaflet IR45, (what to do about tax when someone dies) gives more information.  Alternatively, further information and copies of IR45 leaflet are available at the Inland Revenue's Website, www.inlandrevenue.gov.uk (this is an external hyperlink).

 

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Independent financial advice

Professional advice on financial matters can be obtained from a variety of sources:

• Your Bank or Building Society may be able to offer you assistance regarding investments etc, however they will generally only be able to recommend their own policies and investment opportunities.
• An Independent Financial Advisor will able to search around for the best investments, savings, life assurance, mortgages etc. to suit your individual needs.  It makes sense to contact an Independent Financial Advisor so that you can make comparisons on all the different options that are available.

After the funeral

Coming to terms with your loss may be difficult.  There are many organisations that can help with bereavement including Cruse-Bereavement Care (this is an external hyperlink), whose help-line number is Tel: 0870 167 1677.

 

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Help for widows and widowers

If your spouse dies, there may be a number of benefits which you may be able to claim to help with costs at home.

If you were under state pension age when your spouse died or your late spouse was not entitled to Category A Retirement Pension when they died,  you may be able to get a one-off Bereavement Payment (this is an external hyperlink), providing  that your late spouse met the National Insurance contribution condition.  A category A Retirement Pension is a state retirement pension paid to an individual based on their personal National Insurance contributions.  You may also be able to get the Bereavement Payment (this is an external hyperlink) if your spouse died as a result of his or her job.

If you were aged 45 or over when your spouse died, not bringing up children and the widow or widower or a man or a woman who has paid National Insurance contributions, you may be able to claim Bereavement Allowance (this is an external hyperlink).

If you make a claim to Income Support or jobseekers allowance when your Bereavement Allowance ends, you may be able to get a Bereavement Premium, providing that you were 55 or over but under 60 at 9th April 2001, were widowed between 9th April 2001 and 8th April 2006 and have no partner or dependants.

If you are bringing up at least one child or expecting your late husband's baby, and your late husband or wife has paid National Insurance contributions, you may be able to claim Widowed Parents Allowance (this is an external hyperlink).

If you are a war widow, you may be able to get help from the War Pensions Agency (this is an external hyperlink).

If you have to bring up children on our own after you partner's death, there is help available if you want to find work, through the New Deal for Lone Parents (this is an external hyperlink).  A New Deal adviser can help you look for work and arrange training, including helping paying for childcare and travel.

 

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