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INTRODUCTION The passing of a loved one, whether anticipated or sudden, is always a time of distress and sadness. As well as coping with the shock of loss, and grieving for the deceased, next-of-kins regularly find themselves in charge of organising the administrative tasks that arise immediately after a death. To some, these post-death formalities can be a welcome distraction. For others however, the enormity of what needs to be done can be overwhelming. However it affects you, you may find yourself unsure of how best to proceed, or to which you should give priority. You may wish to instruct a solicitor to wind up the estate. While this is not always necessary, it can be a relief to hand over the formalities to a professional. In any event, whether or not you decide to retain a solicitor, there are practical steps which you will need to take after the death of a loved one. THE DEATH CERTIFICATE The death certificate will be issued to the next-of-kin when the death has been registered. This certificate is absolute evidence to most institutions that the person has died, and they will request that you send them such before giving any information as to the deceased’s affairs. However, most will not accept a photocopy of the original, and thus it is wise to request at least three “office copies” of the Certificate from the Register Office. THE WILL As well as being important for the later dealing with the deceased’s affairs, wills often contain instructions requiring immediate attention (e.g. burial arrangements). Thus, it is important to locate any will or other testamentary document as soon as possible. If an examination of the deceased’s paperwork doesn’t yield a will, it is likely that s/he didn’t make one. However, it is worth checking with the deceased’s usual solicitor, financial advisor or accountant, as they might hold the original in safe-keeping. FUNERAL / BURIAL PREPARATIONS The first task in this regard is to establish whether the deceased had any particular wishes regarding the disposal of his / her body. Many wills contain directions, or the deceased may have left a note advising of his / her wishes; as noted above, the next-of-kin should check through the deceased’s papers for any such documents. In the absence of any specific requests, disposing of the body is a matter for the next-of-kin to determine. It is usually the case that the next–of-kin will meet any funeral / burial costs, and later recoup the expense from the deceased’s estate. However, there are alternative means of meeting such costs, including a scheme whereby banks holding funds of the deceased will pay the expenses directly from those accounts. NOTIFYING FRIENDS AND FAMILY This is one of the most difficult tasks following the death of a loved one, and no amount of counselling can prepare you adequately. However you approach it on a one-to-one basis, it is advisable not to formally announce the death or the funeral arrangements in the press. Unbelievable though it may seem, many family homes are burgled during funerals by unscrupulous thieves who are alerted to the empty houses by public death or funeral notices. THE DECEASED’S HOME For most people, their most valuable asset is their home, and the personal effects in it. If after the person’s death that home will be empty, the next-of-kin should undertake the following: Secure the property, ensuring that it is properly locked up, all windows shut and locked, and all sets of keys recovered · Remove all valuables from the property, creating an inventory of anything taken · Turn off any utilities, and advise the various companies of the service-user’s death · Contact the local Council to advise of the death and to terminate council tax payments · Redirect mail, and cancel any delivery services · If relevant, ensure that any property or home insurance remains in place while the property remains empty. Any empty property should ideally be visited every few days – either by the next-of-kin or a trusted neighbour – to ensure its maintenance and security. BUSINESS INTERESTS If the deceased ran his own business or had a small company, it may be necessary to take immediate steps, particularly to safeguard the business premises, reassure employees, secure any stock, and of course protect the business’s goodwill. Depending on the nature of the business, suppliers and clients should be informed as soon as possible about the death. In addition, if the deceased had professional indemnity insurance, the provider should be advised immediately, and any interim arrangements for the business made. Whether the business should continue trading is a matter to be decided according to the specific circumstances, and will depend largely on the manner in which the business was run (whether as a sole trader, a partnership or a company) and naturally the wishes of the deceased’s family. PETS If the deceased owned any pets, steps will need to be taken for their immediate care. This might be something which the next-of-kin will be happy to assume either permanently or in the short term. If it’s not feasible in the long term, and there are no other friends or relatives who can care for the animal, the local pound should be contacted. VALUABLE ASSETS Many people will die owning valuable assets, which can be a source of concern for the next-of-kin. As noted above, the most immediate action should be to secure the asset; usually this will mean removing it to somewhere safe – either the next-of-kin’s home, a safe-storage unit, or a bank vault / safety deposit box. If the item is suspected to be of high value, or has already been so valued, the first step should be getting, or maintaining, insurance. If the deceased had insurance, you should check with the company that this continues after the death; if not, you should arrange insurance until the item has been sold or distributed. A benefit of insurance is that it incorporates a valuation of the asset. If the item is not valuable enough to warrant insurance, a valuation should be obtained for the later winding up of the estate. However, this is not something which needs to be undertaken immediately. ANCILLARY A brief inspection of the deceased personal papers should reveal most, if not all, matters which need to be addressed. It is preferable – for ease of administration – to have standing orders and regular payments stopped at the earliest possibility, but most organisations will refund payments made after the death of the customer. Membership of clubs should be cancelled – again for ease of later administration, but also so that fellow members will be made aware of the death. WINDING UP THE ESTATE Having assessed the extent of the deceased’s affairs, you will be in a position to determine whether or not to retain the services of a solicitor to deal with the winding up of the deceased’s estate. As noted above, you are not obliged to involve a solicitor. The Probate Registry – that office which issues the certificates (“Grants”) entitling named persons to deal with the estate – has procedures in place which enable a non-solicitor to approach it. However many people find that instructing a solicitor provides the comfort of professionalism, and relieves the next-of-kin of many of the administrative duties. Whether or not you use a solicitor, you will need to ascertain various details regarding the deceased’s affairs. Such information will either form the basis of your own application to the Probate Registry, or should be passed to the solicitor winding up the estate, who will act upon it as appropriate. For further information on the information needed to wind up an estate, and the procedures involved, please see our Client Guides “Dealing with the Deceased’s Affairs” and “A Guide to Probate”. ©Clegg Manuel 2008 To download a .PDF of this guide Click Here |
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