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How to Register a Death?
You
will need to attend the Office of the Registrar of Deaths local to the
deceased’s place of death which can be obtained from a local Telephone
Directory.
What
Documents do I need?
-
The Medical Certificate of cause of
death issued by the Doctor treating the person who has died. This is
essential – the Registrar can do nothing without it. (If the Coroner is
involved, the Coroner’s Office will advise you what to do).
-
The deceased person’s Birth Certificate
or Passport (if available) can be helpful.
-
The deceased person’s Medical Card
(don’t worry if this is not available).
What Questions will the Registrar ask me?
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
surname if the person who 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 birth of the surviving spouse.
-
Whether the person who has died was
receiving a pension from public funds.
The Registrar will enter all these
details into a computer and will then give you the opportunity to check
that they are correct. The information will then be written into a
register. This is the “original” legal record and you should check it
through very carefully before signing is, as any mistakes discovered later
on may be difficult to correct.
What Documents will I receive?
-
A “Green Form” which enables you to
arrange the funeral. (If the Coroner is involved different procedures
may apply).
-
You will also be given a form for
Social Security purposes.
-
Certified copies of the entry “Death
Certificates” can also be obtained upon payment of the statutory fee.
When does the Death need to be
Registered?
Normally within 5
days unless the Coroner is investigating the circumstances relating to the
death. This 5 day period may be extended to 14 days in certain
circumstances.
Who Must Register the Death?
People with legal responsibility to
register include:-
-
A relative.
-
A person present at the death.
-
The occupier of the premises where the
death occurred if he/she knew of it happening.
-
The person arranging the funeral: this
does NOT mean the Funeral Director. (See also the list on the Notice to
Informants attached to the Doctor’s Medical Certificate of cause of
death).
What is Probate and do I need it?
The word “probate” is often
misunderstood. It conjures up an image of months of difficulty and
delay. This is not inevitable and many simple “probates” are finished
quite easily in a month or so.
What is it?
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 the 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 that it goes to the people named
in the Will.
Do I have to have it?
This depends upon 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 some forms. If the estate
is small the forms do not have to give full details of it. The important
form is the “Executors Oath”. It has to be sworn as being true.
Do I have to use a Solicitor?
No, but it helps, the benefit of many
years experience can relieve much of the stress and anxiety associated
with a death in the family. You can apply direct to the Probate Registry
yourself. Fees depend upon the amount of work necessary and the size of
the estate. This will be discussed at the initial interview or in
correspondence.
What if there is no Will?
Speak to a Solicitor – it is safer in the
long run because various laws affect who is entitled to wind up the estate
and receive the money.
Inheritance Tax
Inheritance Tax may be payable depending
on the assets owned or used by the deceased at the date of death. Where
payable it is chargeable at 40% over and above the Nil Rate Band.
There are a number of exemptions and
reliefs which need to be taken into account before the Inheritance Tax
payable can be calculated. The Personal Representatives are responsible
for providing information to the Inland Revenue for Inheritance Tax
purposes but are not personally liable for any debts of the deceased or
the payment of Inheritance Tax chargeable on the deceased’s assets.
Deeds of Variation
It is often possible to alter the terms
of the Will of the deceased after the date of death so as to minimise the
Inheritance Tax payable and/or to make potential savings of Inheritance
Tax in the future. This is a procedure widely advised by Solicitors but
often misunderstood by the lay client. The benefits can be substantial. |
