What you need to do and know when a family member dies
Even when the death of a loved one is expected, it will have a devastating impact on the family left behind. Unfortunately, there are certain tasks that must be undertaken at this time, but faced with so much to do while coping with the feelings that go hand in hand with such a loss, can be overwhelming. To help, follow our short summary of the most important, main actions, and organisations you need to contact at this difficult time.
First step – Registration of Death
When someone dies there are many decisions and arrangements to be made at a very distressing time.
It is usual for a relative of the deceased or the person arranging the burial or cremation to register the death. The Registrar will require paperwork provided by the doctor or hospital. Additional personal details of the deceased, such as date and place of birth, are also required.
Dealing with the Estate
The Personal Representatives are the people who deal with the affairs of the deceased and who, in most cases, will obtain a Grant of Representation from the Court. This document then authorises and enables them to act in the administration and settlement of the deceased’s estate. A Solicitor can deal with this on your behalf.
If the deceased has made a Will appointing Personal Representatives, they become Executors.
If the deceased did not make a Will, then these Personal Representatives are called Administrators. Administrators are given the authority under the Rules of Intestacy, and advice should be taken as to who has a right to act as Personal Representatives in this event.
The person who makes the funeral arrangements will be responsible for payment of the bill if there is insufficient money in the estate. However, funeral expenses are a “first Charge” on the estate and where the deceased has an account with a bank of building society with sufficient funds to meet the costs, the bank or building society may agree to pay the funeral director.
Duty of Representatives
The Executor or Administrator has a duty to:
- Collect together, protect and value the deceased’s personal possessions including furniture, bank accounts, property and all other assets.
- Notify the relevant authorities including Department of Work and Pensions, Inland Revenue, employers and pension providers.
- Pay from the funds in the estate any debts of the deceased including the funeral, inheritance tax and other expenses of administering the estate.
- Distribute the remainder of the estate to those who are entitled – the beneficiaries – either under the Will or Rules of Intestacy.
Personal Representatives may be required to inform the Inland Revenue about the value of the deceased’s estate and answer any questions that the Revenue may raise in order to determine whether inheritance tax is payable
Help and advice
It is always best to seek legal advice to be fully aware of the procedures and requirements when a family member dies. We would suggest that legal advice is taken on the above matters so that you are fully aware of the procedures and requirements.
Sydney Mitchell can help with practical advice about what to do to register the death, arrange the funeral, and your duties as a Personal Representative and help you carry them out. We can deal with the Inland Revenue and assist you to obtain the Grant of Probate or Letters of Administration if necessary. Our aim is to advise you and your family at a difficult time with friendly, sympathetic and efficient staff who will be pleased to help. For more information
