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What to do following a death

What to do following a death

Source:
Citizens Advice
(Link to article)

This advice applies to England. See advice for See advice forNorthern Ireland, See advice forScotland, See advice forWales

What happens, and things you might need to think about, after someone dies.

Registering the death

The registration of the death is the formal record of the death. It's done by the Registrar of Births, Deaths and Marriages. It’s a criminal offence not to register a death.

You can find out how to register a death in the UK or abroad on GOV.UK. You’ll be told who can register the death, what they need to do and what documents they’ll need.

When a coroner is needed

Anyone who is unhappy about the cause of a death can inform a coroner about it, but in most cases a death will be reported to a coroner by a doctor or the police.

A coroner is a doctor or lawyer appointed by a local authority to investigate certain deaths. They're completely independent of the authority and has a separate office and staff. You will find the address of your local coroner's office in the telephone directory.

A coroner can investigate a death if the body is in their district, even though the death took place somewhere else, for example, abroad.

A death must always be reported to a coroner in the following situations:

  • the person's doctor had not seen them in the 28 days before they died or immediately afterwards
  • a doctor had not looked after, seen or treated the person during their last illness (in other words, death was sudden)
  • the cause of death is unknown or uncertain
  • the death was violent or unnatural (for example, suicide, accident or drug or alcohol overdose)
  • the death was in any way suspicious
  • the death took place during surgery or recovery from an anaesthetic
  • the death took place in prison or police custody
  • the death was caused by an industrial disease.

In some cases the coroner will need to order a post-mortem, in which case the body will be taken to hospital for this to be carried out. You do not have the right to object to a post-mortem ordered by the coroner, but should tell the coroner if you have religious or other strong objections. In cases where a death is reported to a coroner because the person had not seen a doctor in the previous 28 days the coroner will consult with the person's GP and will usually not need to order a post-mortem.

For more information about post-mortems and your rights to know what happens with organs and tissue, go to the Human Tissue Authority website at www.hta.gov.uk.

A death reported to a coroner cannot be registered until the coroner's investigations are complete and a certificate has been issued allowing registration to take place. This means that the funeral will usually also be delayed. Where a post-mortem has taken place the coroner must give permission for cremation.

Inquests

An inquest is a legal inquiry into a death. Only a coroner can order an inquest and relatives have no right to insist on one.

It is held in public (sometimes with a jury) by a coroner where the death was violent or unnatural or took place in prison or police custody or where the cause of death is still uncertain after a post-mortem.

An inquest may take place into a death which took place abroad if the body has been returned to the UK.

Relatives may attend an inquest and ask questions of witnesses. Legal aid may be available for legal advice on inquests. An organisation called INQUEST may sometimes be able to arrange legal representation, either free or for a reduced charge. The address of INQUEST is:

Inquest

89-93 Fonthill Road

London

N4 3JH

Tel: 020 7263 1111

Fax: 020 7561 0799

Email: inquest@inquest.org.uk

Website: www.inquest.org.uk

The inquest should provide more information about how and why the death took place and whether anyone else was responsible. In some cases, a criminal prosecution may later take place.

Once the inquest has been held the death can be registered and the funeral can take place (although in some cases the coroner may allow the funeral to go ahead before the inquest is over).

Funerals

A funeral can take place any time after death. Anyone close to the person can arrange the funeral.

The person may have left instructions (in their will or somewhere else) about the type of funeral they wanted and/or whether they wanted to be buried or cremated. There is no legal obligation for relatives to follow these instructions. In some cases, relatives may want burial or cremation to take place abroad. The rules about this are very complex and the help of a specialist funeral director will be needed. Permission from a coroner is always needed before a body can be sent abroad.

If there are no relatives or friends to arrange a funeral, the local authority or health authority will arrange a simple funeral.

The public authority that arranges the funeral will then try to recover the cost from any money left by the person who died. If the money left isn't enough, the public authority can sometimes recover the funeral cost from a spouse or civil partner (but not from anybody else).

For more information, read the Money Advice Service page on paying for a funeral.

Funeral directors

Most funerals are arranged through a funeral director (who used to be known as an undertaker). It is important to find a funeral director who belongs to one of the professional associations, such as the National Association of Funeral Directors (NAFD) or the Society of Allied and Independent Funeral Directors (SAIF), since these associations have codes of practice and complaints procedures. Some local authorities also run their own funeral services by arrangement with a local firm of funeral directors. If a funeral director is not a member of a professional association or a complaint is not dealt with satisfactorily, you may need to take legal action against the funeral director.

When you use the services of a funeral director, the law gives you certain rights as a consumer. For more information about your consumer rights when you use a service, see Funeral services.

Funeral costs

The person who arranges the funeral is responsible for paying the final bill and it is important to know where the money for the funeral will come from.

The person who died might have paid for their funeral already. This is called a funeral plan. If you don’t know if there’s a funeral plan, you can:

  • check the will
  • ask the person’s close friends and relatives
  • ask local funeral directors
  • search for funeral plans on the Funeral Planning Authority’s website

If there is no funeral plan, the cost of the funeral will normally be met out of any money left by the person who had died and, where money has been left, the funeral bill should be paid before any other bills or debts. Even if the person's bank account has been frozen following the death it may be possible to have funds released from a building society or national savings account on showing the death certificate. The person may also have had an insurance policy which will cover funeral costs. In other cases, relatives may need to borrow money until the person's money and property are sorted out. Some funeral directors will allow payment to be delayed until this has happened.

Some people do not leave enough money to pay for even a simple funeral. If this happens, the person arranging the funeral will have to pay for it, although other relatives or friends may be willing to contribute. There is no general death grant, but if you are in this situation and you receive a means-tested social security benefit (such as income support) you may be able to get a payment from your local council (known as a funeral payment) to cover the cost of a simple funeral. Even where a funeral payment is made, it may not cover the full cost of the funeral and you may still have to pay the difference.

Find out more about help with funeral payments on GOV.UK.

If the person who died was receiving a war disablement pension, Veterans UK will help with the cost of a simple funeral. The address is:

Veterans UK

Ministry of Defence

Norcross

Thornton Cleveleys

Lancashire

FY5 3WP

Veterans UK helpline: 0808 1914 2 18 (Monday to Thursday from 7:30am to 6:30pm: Friday from 7:30am to 5:00pm)

Textphone: 01253 866 043

Bereavement line: 0800 169 3458

Email: veterans-uk@mod.uk

Website: www.gov.uk/veterans-uk

The funeral director should always give a written estimate of the cost of the funeral, but the final bill may be higher. The bill will cover the costs of burial or cremation, the fees for the funeral service and the professional services of the funeral director. There will also be charges for extras, such as flowers, cars, service sheets and newspaper notices.

Other costs

Anyone who receives a means-tested benefit (such as income support) may be able to receive help from the Department for Work and Pensions through a budgeting loan towards the cost of travelling to the funeral of a close relative.

If the person who is paying for the funeral is receiving a means-tested benefit it may be possible to receive help through a funeral payment towards the cost of travelling to the funeral.

Find out more about help with funeral payments on GOV.UK.

Arranging a funeral without a funeral director

You can arrange a funeral without the help of a funeral director. If you wish to do this, contact the Cemeteries and Crematorium Department of your local authority for advice and guidance. You can also get help and information from The Natural Death Centre.

Burial or cremation

A burial can take place in a churchyard, a local authority cemetery or a private cemetery. Burials can also take place on private land, or in a woodland site.

Anyone living within the parish has the right to be buried in the parish churchyard, if there is space, or in any adjoining burial ground. Some churches may allow others to be buried there as well (for example, ex-parishioners or those with family graves). There is no right to be buried in any particular part of a churchyard or burial ground.

Burials inside a church are not allowed in urban areas and are very rarely allowed elsewhere.

Most cemeteries are owned by local authorities or private companies and are non-denominational although some have space dedicated to particular religious groups. In the case of a local authority cemetery, anyone living in the authority's area has the right to burial in the cemetery. Others may also be allowed burial, but for a higher burial fee.

In most cemeteries there are various categories of graves. Some graves do not give exclusive rights to burial while others give the right of exclusive burial for a set period of time. It is important to check the papers of the person who has died to find out if they have already purchased a grave space in a churchyard, cemetery or woodland burial ground. Although there is no law preventing burials on private land (including a garden) anyone wishing to do this should contact their local authority, who may issue a certificate confirming that the burial is lawful.

Institute of Cemetery and Crematorium Management

The Institute of Cemetery and Crematorium Management produces a Charter for the Bereaved. This includes a wide range of information about burial and cremation, including information about burial on private land, for example, woodlands, farmland or gardens. It also provides information on funerals without funeral directors, and environmental issues. You can contact the Institute of Cemetery and Crematorium Management at:

Institute of Cemetery and Crematorium Management

City of London Cemetery

Aldersbrook Road

Manor Park

London

E12 5DQ

Tel: 020 8989 4661

Website: www.iccm-uk.com/iccm/index.php

The Natural Death Centre

The Natural Death Centre can give advice on environmentally friendly burials, as well as on inexpensive funerals that do not need the services of a funeral director. Contact details are:

Natural Death Centre

In The Hill House

Watley Lane

Twyford

Winchester

SO21 1QX

Tel: 01962 712690

Email: rosie@naturaldeath.org.uk

Website: www.naturaldeath.org.uk

Most crematoria are run by local authorities. A number of forms are needed before cremation can take place, including a certificate from a doctor, counter-signed by another doctor and an application form completed by a relative. These forms are available from the funeral director. The costs of cremation are usually considerably less than the costs of a burial.

Funeral service

The person arranging the service may choose any form of service. If you do not want any form of religious ceremony, the British Humanist Association can give advice on a non-religious (secular) service. The Association's address is:-

British Humanist Association

39 Moreland Street

London

EC1V 8BB

Tel: 020 7324 3060

Fax: 020 7324 3061

Email: info@humanism.org.uk

Website: www.humanism.org.uk

If you do not want a service of any kind the funeral director can arrange for burial or cremation without any form of service.

If, for any reason, there is no body, a memorial service can be arranged instead of a funeral service.

Disposal of ashes

Ashes may be scattered or buried at the crematorium, either by crematorium staff or by relatives and friends. Ashes can also be buried in a churchyard or cemetery, often with a short service.

Ashes can generally be scattered anywhere, but if you wish to scatter ashes on private land you should get consent from the landowner.

Although UK law allows ashes to be taken abroad, many countries have strict rules on the importation of ashes and it is important to check before travelling.

Memorials

Churchyards and cemeteries have firm rules about the size and type of memorials that are allowed and it is important to check on these rules before ordering anything. Church of England churchyards usually have more rules than local authority cemeteries. Some woodland cemeteries permit wooden plaques but most will only allow the planting of a tree. The design of the memorial may be subject to approval.

The funeral director will usually apply to the church or cemetery authority for permission to erect a memorial. The authority will normally charge for giving its permission. Names of local monumental masons can be obtained from the National Association of Memorial Masons. The address of the Association is:

National Association of Memorial Masons

1 Castle Mews

Rugby

Warwickshire

CV21 2XL

Tel: 01788 542264

Fax: 01788 542276

Email: enquiries@namm.org.uk

Website: www.namm.org.uk

The person erecting a memorial is responsible for maintaining it.

At a crematorium there will often be a Book of Remembrance and relatives may pay for an entry. It may also be possible to buy a memorial bush with a plaque.

If those attending a funeral have been asked to make donations to a charity, the funeral director will normally collect these and send them on to the charity. Relatives will be given a list of donations received.

Where did the death occur

Deaths in hospital

Most deaths now take place in a hospital or nursing home. If your relative dies in hospital, staff will contact you, lay out the body and arrange for it to be taken to the hospital mortuary. You will then be asked to arrange for the body to be collected by funeral directors, who will normally take it to their chapel of rest. At the same time, you will be asked to collect the person's personal possessions.

Before a death can be formally registered, a doctor will need to issue a medical certificate giving the cause of death. In hospital, this is usually done by a hospital doctor, who will hand the certificate to you in a sealed envelope addressed to the Registrar of Births, Deaths and Marriages. You will also be given a notice, explaining how to register the death. There is no charge for either of these. If the person has not been seen by a hospital doctor, their GP may be able to issue a certificate instead.

A hospital may ask you for permission to carry out a post-mortem examination to learn more about the cause of death. You do not have to agree to this.

In some cases, a doctor may not be able to issue a medical certificate of the cause of death. There may be a number of reasons for this. If the doctor isn't able to issue a medical certificate, they will refer the death to the coroner. The coroner may order a post mortem examination. You do not have the right to object to a post-mortem ordered by the coroner, but you should tell the coroner if you have religious or other strong objections.

You can find out more information about when a death is reported to a coroner on the GOV.UK website at: www.gov.uk.

Where cremation is to take place, a second doctor will be needed to sign a certificate that the body has been examined. There will be a charge for this.

Deaths at home

When someone dies at home, their GP should be called as soon as possible. The GP will normally visit the house and, if the death was expected, should be able to issue a certificate giving the cause of death.

If you do not know the name of the GP, the person didn't have a GP, or if the death happens outside normal GP practice opening hours, call 111 (the NHS non-emergency number) instead.

A doctor is not allowed to issue a certificate if they are unsure about the cause of death. When this happens the death must be reported to a coroner and the body will be taken to a hospital mortuary, where a post mortem may need to take place.

Deaths abroad

If a death takes place abroad it must be registered according to the law of that country. The death should also be reported to the British Consul who may be able to arrange for the death to be registered in the UK as well.

Returning a body to the UK is expensive but the cost may be covered by any travel insurance taken out by the person. If the death was on a package holiday the tour operator should be able to help with arrangements.

When a body is returned to the UK, the Registrar of Births, Deaths and Marriages for the district where the funeral is to take place must be told and will need to issue a certificate before burial can take place. If cremation is to take place the Home Office also needs to give permission.

If the death was not due to natural causes the coroner for the district will also need to be told and an inquest may need to take place.

Donation of organs for transplant or the body for medical research

Donation of organs

The person who died may have wanted to donate organs for transplant. This will be easier if they were on the NHS Organ Donor Register, carried a donor card and had discussed the donation plans with their family. Relatives will still be asked to give their consent before donation. Most organ donations come from people who have died while on a ventilator in a hospital intensive care unit. For more information about organ donation and transplantation, contact:

NHS Organ Donor Register

NHS Blood and Transplant

Organ Donation and Transplantation Directorate

Fox Den Road

Stoke Gifford

Bristol

BS34 8RR

Organ Donor Line: 0300 123 2323 (24 hours a day, every day)

Tel: 0117 975 7575 (admin)

Fax: 0117 975 7577

Email: enquiries@nhsbt.nhs.uk

Website: www.organdonation.nhs.uk/

Donation of the body for medical education or research

If you wish to leave your body for medical education or research, you must arrange to give consent before you die. You can get a consent form from your nearest medical school. You should keep a copy of the consent form with your will and tell your family, close friends and GP that you wish to donate your body. Go the Human Tissue Authority website to find out your local medical school at www.hta.gov.uk.

You can get further information about body donation from the Human Tissue Authority website at www.hta.gov.uk.

If the body is accepted (and many bodies are not suitable), the medical school will arrange for eventual cremation or burial.

Miscarriages, stillbirths, neonatal and perinatal deaths

Miscarriages

A miscarriage is the loss of a baby before the 24th week of pregnancy. No registration is needed.  But if the baby lives for even a short time after being born, you might need to register the birth and death. For more information, see Neonatal and perinatal deaths.

Stillbirths

A stillbirth is a birth after the 24th week of pregnancy where the child is not born alive. A doctor or midwife will issue a medical certificate of stillbirth, giving the cause.

The parents must present the certificate to the Registrar of Births and Deaths within 42 days of the baby's delivery. In Scotland, the time limit is 21 days.

If the parents are married, the registrar will need details of both parents. If the parents are not married, only the details of the mother are required but the father can give his details.

If you're in a female civil partnership and the child was born by assisted reproduction, the registrar will need details of both partners.

The registrar can issue a death certificate but only to the mother, to the father or mother's civil partner if their details appear on the registration or to siblings if the parents are deceased.

Many funeral directors make no charge for arranging the funeral of a stillborn baby and many cemeteries and crematoria also make no charge for burial or cremation.

Neonatal and perinatal deaths

If the baby lives for even a short time after being born and then dies, this is called a neonatal or perinatal death.

A neonatal death is where is the baby dies within 28 days of being born, whatever the length of the pregnancy.

A perinatal death is where the baby is born after the 24th week of pregnancy, but dies within 7 days of being born.  

If there is a neonatal or a perinatal death, both the birth and death must be registered. When a baby has died within a month of being born, the birth and death can be registered at the same time.

The birth is registered in the normal way.  The death is registered by taking the medical certificate of death to the Registrar of Births and Deaths within five days of the death (eight days in Scotland).  If this is not possible, the hospital or parent should telephone the registrar and explain the situation, for example, that the mother is too ill to attend.

If the parents are married, the registrar will need details of both parents.  If the parents are not married, only the details of the mother are required but the father can give his details.

If you're in a female civil partnership and the child was born by assisted reproduction, the registrar will need details of both partners.

The parents may still be able to get benefits like Child Benefit and Child Tax Credit for eight weeks after the death of the baby.

Find out what happens to your Child Benefit when your baby dies on GOV.UK.

Find out what happens to your Child Tax Credit when your baby dies on GOV.UK.

Telling government about the death

When someone dies, you usually have to tell several departments of local and central government, as well as other government agencies, so that they can update their records.

Tell Us Once

In most areas of England and Wales, the Tell Us Once Service allows you to report a death to several government departments, agencies and the local authority in one contact. For example, Tell us Once will help you to report the death to most of the offices that were paying benefits to the person who died, as well as to other government agencies such as the Passport Service and the DVLA. You must register the death first.

You can contact Tell Us Once either face-to-face through the local authority via a freephone number operated by the Department for Work and Pensions (DWP), or online via the GOV.UK website. The Registrar will give you contact details when you register the death, including a reference number to use online.

You can find out more about Tell Us Once and where it operates on the GOV.UK website at www.gov.uk.

If the Tell Us Once service does not operate in your area, you will need to contact all the relevant organisations individually.

DWP Bereavement Service

The DWP Bereavement Service allows you to report a death to the DWP in a single phone call, which will cover all the DWP benefits the person who died was getting. At the same time, the Bereavement Service can do a benefit check to find out if the next of kin can claim any benefits and take a claim for bereavement benefits or a funeral payment over the phone.

The contact details of the Bereavement Service are:

Bereavement Service helpline

Telephone: 0800 151 2012

Welsh language: 0800 731 0453

Textphone: 0800 731 0464

Welsh language textphone: 0800 731 0456

Relay UK - if you can't hear or speak on the phone, you can type what you want to say: 18001 then 0800 151 2012

You can use Relay UK with an app or a textphone. There’s no extra charge to use it. Find out how to use Relay UK on the Relay UK website.

Video relay - if you use British Sign Language (BSL). There’s no extra charge to use video relay.

You can find out how to use video relay on YouTube.

Monday to Friday, 9.30am to 3:30pm

Calls to this number are free.

If you have already reported the death to the Tell Us Once service, you don't need to tell the DWP Bereavement Service. But you can contact the DWP as well if you would like them to do a benefit check or help you to claim bereavement benefits.

Bereavement benefits

Bereavement benefits are payments made by the Department for Work and Pensions to widows and widowers or to a surviving civil partner.

For more information about bereavement benefits, see Extra money you can get when someone dies.

Redirecting post after someone's death

You can redirect the post of someone who has died by filling in a 'special circumstances' form and taking it to your local Post Office - you can’t do it online or by post. The Post Office will need to see a death certificate or proof of power of attorney.

You’ll have to pay a fee to redirect the post - you can find out how much it will cost on the Royal Mail website.

Stop receiving unwanted mail

You can stop unsolicited post being sent to someone who has died by registering with the Mailing Preference Service (MPS) and The Bereavement Register for free.

Registering with MPS will stop post being sent to someone who has died by companies who are members of the Direct Marketing Association.

You can sign up with the Mailing Preference Service online or by writing to them - let them know the name and address of the person who has died.

Mailing Preference Service

FREEPOST 29 LON20771

London

W1E 0ZT

MPS Registration Line: 0845 703 4599

Fax: 020 7323 4226

Email: mps@dma.org.uk

Website: www.mpsonline.org.uk

You can sign up to The Bereavement Register by filling in their registration form, and then sending it through the post. Companies who check this register will stop sending post and leaflets to anyone listed.

The Bereavement Register

Freepost

1 Newhams Row

London

SE1 3UZ

It’ll take about 4 months to see a decrease in the amount of unwanted post received.

You’ll need to get in touch with companies directly to stop receiving post that the person who has died asked for.

Dealing with the property of the person who has died

You may have the responsibility for dealing with the property of the person who has died. This has to be done according to certain rules.

For more information about the rules, see Dealing with the financial affairs of someone who has died.

Money and finances

Following a bereavement, your money situation could change. If you need to take stock of what you have coming in and going out, our budgeting tool can help. If are having problems with your outgoings, you could get help with bills.

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