Gould & Swayne Solicitors of Street, Glastonbury and Highbridge, Somerset, UK. Frequently asked questions about Will, Trusts and Inheritance Tax
What should I do when someone dies?
Here you can find frequently asked questions (and the answers) on what to do when someone dies.
If you would like to see a question answered here, please email
Questions
- What should I do first?
- What is an 'Estate'?
- What is 'Probate'?
- Who is responsible for dealing with the Estate?
- What are the responsibilities of Personal Representatives (PRs)?
- Where can I find help?
Answers
1. What should I do first?
Obtain the Medical (Cause of Death) Certificate from the attending doctor.
Register the death with the Registrar of Births, Deaths & Marriages in the area where the death occurred.
- If a death has been reported to the Coroner the death cannot be registered without the Coroner's authorisation. The Coroners Office will liaise with relatives and will issue the medical certificate accordingly.
- If there is an inquest the death cannot be registered until its conclusion, however a certificate is usually issued to allow the funeral to take place.
Registering the death:-
- You need to make an appointment with the registrar
- A death should normally be registered within 5 days
- Registration can be made by a relative, a person present at the death or the person arranging the funeral
- In the interview you will need to know the following:-
- Date and place of birth
- Date and place of death
- Full name and maiden name (if applicable)
- Occupation
- If a married woman or widow the full name and occupation of husband
- Usual address
- Did the deceased receive a state pension
Remember the death cannot be registered without the Medical (Cause of Death) Certificate.
Once the death is registered you will receive:-
- A 'Green Form' for the funeral director
- A 'White Form' for the Department of Social Security
- Certified Copy of the Death Certificate (fee currently £3.50 each)
If possible you should obtain several Certified Copy Death Certificates, as photocopies cannot be used.
Funeral Arrangements
- You need to find out if the deceased left any funeral/cremation instructions. These may be with, or in, the deceased's Will. Contact the deceased's solicitor or bank to see if they hold a Will and get them to confirm any instructions.
- Did the deceased have a pre-paid funeral?
- Contact funeral directors and they will guide you through the procedure. Do not forget to take the 'Green Form' with you.
When the funeral is over the deceased's estate needs to be dealt with:-
2. What is an 'Estate'?
A person's estate comprises of everything they own. This is all of the deceased's property including realty, cash, investment and possessions. If the value of the estate is £5000 or more then Probate may be required. If the value of the estate is less than £5000 Probate is not normally required but it may be if land or other property is involved.
3. What is 'Probate'?
Probate is the document that confirms the identity of those responsible for dealing with the administration of the estate. It gives them legal authority to manage the estate assets and is recognised by financial institutions and government bodies in England & Wales.
If there is no Will then the document is called a 'Grant of Letters of Administration'.
Both documents are commonly referred to as a 'Grant of Representation'.
4. Who is responsible for dealing with the Estate?
If there is a Will responsibility rests with the 'Executors'. If there is no Will then responsibility is with the 'Administrators'. Administrators will often be next of kin. Both 'Executors' and 'Administrators' are often referred to as 'Personal Representatives'.
5. What are the responsibilities of Personal Representatives (PRs)?
In general, the PRs have to ascertain the value of the estate. An 'Inland Revenue Account' needs to be completed and an Oath/Affirmation sworn/affirmed. Both of these are needed to obtain the Grant. The PRs also have to pay any Inheritance Tax due, some of which may be payable before the Grant can be obtained. The PRs will realise assets, settle liabilities, deal with Income Tax and distribute the estate. PRs are accountable to the beneficiaries.
6. Where can I find help?
You may feel that you have the time and aptitude to obtain a Grant and administer the estate yourself. However, Gould & Swayne have over 160 years of professional experience in administering estates. If you require help in either dealing with an estate or perhaps with obtaining the Grant only please contact our Probate Manager Joanna Yates.