The death of a family member or a close friend is one or the worst experiences of our lives and the grief can seem impossible to cope with.

For the person who takes on the responsibility of dealing with the formal requirements following a death, it can become an overwhelming experience and one where the trained and sympathetic staff at Access Legal from Shoosmiths can provide help and guidance.

Registering the death

First of all, the death must be registered within five days. The hospital where the death took place or the GP who certifies the cause of death can give guidance here.

Each local authority has a Registrar of Births, Deaths and Marriages, and an appointment will be needed once the hospital or GP has given you the necessary certificate. You must attend the registrar's office in person and take the certificate from the hospital or GP to the appointment, together with a note of the date and place of birth of the deceased.

Funeral Arrangements

Often, a funeral director is contacted at the same time and they'll help guide you through the formalities. They'll also liaise directly with the church or crematorium and make the necessary arrangements for the funeral.

Informing friends and relatives

This is also a good time to check the personal papers of the deceased. If there's an address book then this helps to make sure that all family members and friends who should be informed have been.

Checking for a will

This is also the time to check to see if there's a will. Often, people leave specific funeral instructions in their will, but sadly not everyone makes a will. If a will can't be found, a solicitor can advise you about who's entitled to administer the estate, who will receive what, and when. 

Estate Administration

Once the death is registered and the funeral organised, it's time to look at the estate of the deceased. If there's a will, then it is the executor's responsibility to protect the estate and take the necessary legal advice. If there isn't a will, a solicitor can advise the person who's entitled to administer the estate. 

In either event, if there's property, it must be made safe and be properly insured.

The person dealing with registering the death and arranging the funeral may not be the same person as the executor or the person entitled to administer the estate. If not, a meeting, or at least a telephone call, should be arranged with a solicitor as soon as possible.

The responsibility for dealing with the legal formalities following a death can indeed be overwhelming, but the trained and sympathetic staff at Access Legal from Shoosmiths are available to help and give guidance at all times.

Access Legal from Shoosmiths has prepared a factsheet on Probate: dealing with the loss of a loved one. Please click here for further information.

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All documents should be read and used in accordance with the terms and conditions. This document is for your general information only and is not a detailed statement of the law. It is provided to you free of charge and should not be used as a substitute for specific legal advice. If you require specific legal advice please contact our helpline on 03700 86 86 86.