Documentation and Legal Requirements Following a Death

Documentation and Legal Requirements Following a Death

Since 1953 “The death of every person dying in England and Wales and the cause thereof shall be registered by the Registrar of Births and Deaths for the sub-district in which the death occurred by entering in a register kept for that sub-district”

If the death occurs in hospital;

• The hospital staff will contact the next of kin (relative or friend)
• The hospital mortuary will keep the body until the executor (personal representative) makes arrangements to have the body taken away
• The next of kin or nearest relative should collect the deceased’s person's belongings
• A doctor will automatically complete the Death Certificate
  If the death occurs at home;
• Contact your local GP - in cases of terminal illness, the GP will be well aware of the situation and may well have been calling at the house regularly.
• The GP will need to certify the cause of death and will issue two forms. A Medical or Death Certificate showing the cause of death will be addressed to the registrar. A Formal Notice confirms that the doctor has signed the Medical Certificate and gives details about registering the death.
• Depending on your religion and immediate wishes about how long you wish the deceased to stay in the house, you will need to contact a funeral director.

Can a doctor issue a certificate stating out the cause of death? YES / NO

YES,

If the doctor can certify as to the cause of death, he will ask the family to call to his surgery (or hospital) and collect a death certificate. (The Medical Certificate of cause of death). This is free of charge and will be in a sealed envelope addressed to the Registrar.

The death must be registered within 5 Days of the death. (Unless the registrar says this period may be exceeded).

If the death has been referred to the coroner, it cannot be registered until the registrar has received authority from the coroner to do so.
Who can register a death?

• Close relative of the deceased
• Relative in attendance during last illness
• A relative living in the district where death occurred
• A person present at the death
• The person-causing disposal. E.g. Solicitor

You have to make an appointment to register the death.

You will need to take with you,

• The Medical certificate of the cause of death.
• The deceased’s medical card, if possible.
• The deceased’s birth and marriage certificates, if available.

You should tell the registrar:

• The date and place of death.
• The deceased’s last (usual) address.
• The deceased’s first names and surname (and the maiden name where appropriate).
• The deceased’s date and place of birth (town and county if born in the UK, and country if born abroad).
• The deceased’s occupation and name and occupation of their spouse.
• Whether the deceased was getting a pension or allowance from public funds.
• If the deceased was married, the date and place of birth of the surviving widow or widower.

Certified Copy of an Entry in the Register of Deaths (white form). This certificate is often referred to as the ‘Death Certificate’. You may need a ‘Death Certificate’ for the will and for any pension claims, insurance policies, savings, banks certificates and premium bonds. Photocopies are often accepted for retention, but invariably officials will require sight of the original.
Certified Copies of an Entry in the Register of Deaths. These cost £3.50p each. You are advised to buy at least 2.
Your funeral director does not need a copy of this certificate but will be happy to photocopy them for you.

Registrars Certificate for Burial or Cremation (Green form). Needed for the funeral to take place, this must be given to the funeral director, who will then forward it to the appropriate authority.

A certificate of registration or notification of death. This is needed to claim benefit from the Department for Work and Pensions DWP, formerly know as the D.S.S. (Social fund)

The Registrar will also give you leaflets on state benefits and the procedures for dealing with wills. (Probate)

NO,

If the death is sudden, other than an obvious accident such as a road traffic accident, and a doctor has not seen the deceased during the last 14 days, then a coroner may need to be involved.

The death must be reported to the coroner via a doctor. The registrar and police can also report the death to the coroner.

A coroner is a person employed by the crown to investigate all sudden and unexpected deaths.

The Coroner will decide whether to hold a post mortem examination (to establish the cause of death), this should not delay the funeral. The coroner's officer will keep the next of kin informed about what to do.

The Pathologist will inform the coroner of the result of the examination.

If the death is from natural causes the coroner will inform the registrar; who then registers the death. The registrar will only issue “The Registrars Certificate for Burial or Cremation” if burial is required. If the case is to be a cremation, the coroner will issue Form 102e (yellow) for cremation. This will be sent directly to the Funeral Director.

The N.O.K will then go to the registrar and collect the certificates.

If the death is not from natural causes, the coroner will open an inquest into the death. This will happen within 5 days of the death. If this happens the funeral may be delayed.

If the cause of death is given in evidence at the opening of the inquest, the coroner will usually allow burial or cremation to take place. If the cause of death is not established, or the death is due to homicide (or a person is to be prosecuted), the coroner will only allow burial to take plac.