Here at New Leaf Solicitors we understand how difficult it is to try and deal with the immediate “to-do” list after a loved one has passed away.
We are often asked by new clients what needs to be dealt with first and just where to start.
We have put together a checklist of what to do legally, financially and practically after someone you love has died to try and provide some help and guidance in the most difficult first days.
Registering a death and how to get a death certificate
After obtaining a certificate of death (or medical certificate of cause of death) you must register the death at the registry office within 5 days of the person passing away in England , Wales and Northern Ireland (different rules apply for Scotland).
At the appointment the Registrar will ask you questions such as:
The Registrar will then issue a death certificate (you can request multiple copies if needed) and also a ‘Green Form’ which is needed by the funeral directors to arrange the burial or cremation. You can then go ahead and arrange the funeral.
Tell government services and organisations about the death
The Registrar will also provide you with a unique reference number for “Tell us Once” – the government service which lets you inform government bodies of the death; such as the Department for Work and Pensions, HMRC, the benefits office, local council, the DVLA and the passport office.
If there is any over-payment of state pension or state benefits in the interim, this will need to be paid back out of funds from the estate.
Check if the deceased had a valid Will
You will need to carry out a physical search of your loved one’s property and personal papers to try and locate a Will, or any reference to one (such as correspondence from solicitors, for example). If a Will cannot be located, then a search of ‘Certainty’ the online National Will Register is recommended. We are members of ‘Certainty’ and can assist you with the search, if required.
Contact all relevant financial institutions and keep an account of the estate assets and liabilities
If you are an appointed Executor in the Will, or acting as Personal Representative where no Will exists, you will need to begin contacting all relevant financial institutions and ask for date-of-death figures for all their accounts.
Examples of who to contact are:
Check if any inheritance tax is payable and apply for Probate
This is where we often come in and act on a “Grant-Extraction only” basis. After obtaining a full account of the estate’s net and gross assets and liabilities, applying all available reliefs and nil-rate band exemptions you must establish if the estate should pay any inheritance tax. Legal advice should be sought if unsure, and we offer a fixed fee depending on the complexity of the estate.
A Grant of Probate or Grant of Letters of Administration can be applied for at this point if it is required, and the government website has a lot of advice and information about how to go about applying, if you decide not to use a solicitor to help you.
Distribute the estate in accordance with the deceased’s last wishes
All debts, taxes, administrative and testamentary expenses should be paid from estate funds and then any assets distributed in accordance with the Will or last known wishes.
If you require any assistance following the death of a loved one, speak to our specialist team today – call Amye Aris on 01908 542677 or email amyearis@newleafsolicitors.co.uk
