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What should you do when someone dies?
Ash Hill Solicitors • May 18, 2021
Losing a loved one is understandably a very emotional time and in addition you may feel like you have a million and one things to do. The first and most important thing to know is that there is no rush with any matters, you must take your time and allow friends and family members to assist you.
We understand that this may be an incredibly difficult thing to go through for you and your family, so we’ve created this simple guide to help you deal with matters in 5 simple steps.
If you prefer to talk to a specialist about your situation? We’re here from Monday to Friday, 9am to 5pm to help.
Call: 0208 515 2790
STEP 1 - Get a medical certificate
The first thing you need to do after someone dies is get a medical certificate setting out the cause of death. If the person died in a hospital, this would be prepared and given to you by a member of staff. If they died at home, you’ll need to call their GP to arrange a medical certificate.
STEP 2 - Register the death
The next step is to register the death and get a death certificate. This usually needs to be done within five days and only takes around 30 minutes. If you live in England or Wales, you can find your nearest register office here: https://www.gov.uk/register-offices
Deaths in the UK are usually registered by someone related to the person who died. There is no cost for registering the death, however, you do need to pay for the death certificate. Each copy costs £11 and it is recommended to get several original copies of the death certificate.
STEP 3 - Arrange the funeral
If your loved one made a will, they may have included funeral wishes to help you plan a meaningful farewell. If you want to speak to a specialist about your options or need to use money from the estate to pay for the funeral, please call us today to assist you.
Call: 0208 515 2790
STEP 4 - Notify people and organisations
By using the government’s Tell Us Once service, you can notify multiple government departments of your loved one’s death, including the Passport Office, HMRC and the DVLA.
Use Tell Us Once service: https://www.gov.uk/after-a-death/organisations-you-need-to-contact-and-tell-us-once
STEP 5 - Apply for probate
Before you can deal with the person’s estate and distribute assets to beneficiaries, you may need to apply for probate. If you think you might need probate, need help applying or want to speak to a specialist about your situation, please get in touch with our probate team or call on 0208 515 2790
It is important to determine who the executors to the estate are, this is normally set out in the Will. The executors will be responsible for dealing with the administration of the estate. If the deceased did not leave a Will, then you will need to determine who is entitled to apply for the letters of administration, this will follow the rules of intestacy. It is possible for you to apply for the grant personally however, you should note the importance of your role and duties when taking on this role.
In the alternative, appointing a solicitor to deal with the administration of the estate on your behalf will ensure that the estate is fully administered, and no issues will arise at a later date and you will be reassured that the deceased’s wishes are fulfilled. At Ash Hill Solicitors, we offer several options to assist you in the administration of the estate; it is possible for you to decide how involved you wish to be.
If you would like to discuss how we can assist you, please call us on 0208 515 2790
or complete our online enquiry form
and a member of our Wills and probate
team will contact you to discuss your requirements.
A Lasting Power of Attorney is an important legal document that lets you choose who would make decision on your behalf if you were unable to do so due to a sudden accident, illness, or long-term health issues. There are two different Lasting Powers of Attorney, one covers decisions regarding Health and Welfare and the other Property and Finance. The person for whom the Lasting Power of Attorney is created is called the donor and the people (or persons) nominated to make decision on behalf of the donor are called attorneys. How do I decide who to appoint as my attorney(s)? An attorney can be a relative, friend, spouse or civil partner, your child or even a professional. Ideally, they should be individuals who know you well and most importantly to appoint people who you trust. It is always useful to have more than one attorney as this allows checks to be put in place and provides reassurance to you and other members of the family. You can specify what decisions you are happy for your attorney(s) to make on your behalf. You can decide if your attorney(s) must act jointly on all matters or whether they can also act individually (severally). An LPA ensures that, should you be unable to manage your own affairs, the people you have appointed can manage your financial life on your behalf. This can save a great deal of money and will ensure that as a vulnerable person your affairs will be handled correctly. Risks of not having an LPA If you lose mental capacity without an LPA in place, your family must apply to the Court of Protection to have a deputy appointed to deal with everyday financial matters. This is a slow and expensive process. Contact us today for a free no obligation chat: www.ashhillsolicitors.co.uk Our Power of Attorney solicitors can help and guide you through this process to make sure your forms are correctly and accurately completed.
Bereaved families in the UK are facing a significant financial burden as probate delays continue to accumulate significant costs and unpaid taxes, adding to the distress and emotional strain during an already difficult time. https://committees.parliament.uk/committee/102/justice-committee/news/198600/justice-committee-launches-new-inquiry-into-probate-amid-concerns-over-delays-and-consumer-protection/#:~:text=The%20waiting%20time%20for%20probate,take%20at%20least%20nine%20months. The waiting time for probate almost doubled from April 2022 to April 2023, with reports citing cases of probate taking more than eleven months and practitioners advising clients that probate will take at least nine months. Whether using online systems or the traditional paper process, applicants can now expect a lengthy wait of up to four months or more for probate to be granted. The backlog, a long-lasting result of the challenges created by the Covid pandemic, currently stands at around 40,000 applications, and shows no signs of improving, leaving many families uncertain of when or how they can find a resolution. What problems are caused by Probate delays? Delays in settling an estate can have serious financial consequences for beneficiaries. Here are some important things to consider: If Inheritance Tax is owed, the first payment must be made within the first six months after the death. HMRC will not issue a receipt to the Probate Registry until payment is received - https://www.gov.uk/inheritance-tax After six months, HMRC applies interest to any remaining balance - https://www.gov.uk/government/publications/rates-and-allowances-inheritance-tax-thresholds-and-interest-rates Properties with monthly service charges can incur additional costs due to delays. Vacant properties may require special insurance coverage. Waiting for probate to be granted can prolong the process of selling a property, potentially discouraging buyers. Having a current Will in place should help to ensure a smoother and more efficient probate process. How can these problems be solved? HMCTS is actively exploring various methods to enhance the efficiency and speed of its service. This includes a focus on improving IT systems and reducing paper applications. Digital applications, on average, are processed in less than half the time it takes to process paper applications. However, irrespective of the application method chosen, gaining a Grant of Probate will always involve a significant amount of legal, tax, and administrative work, which can be time-consuming, and complex by its very nature. As such it is always wise to enlist the support of a probate specialist should you want to minimise the risk of complications causing a stoppage or compounding the existing processing delays. Call us today for a free no obligation chat.
On 4 December 2023 the UK government announced tougher visa rules to cut net migration. The current salary required for skilled overseas workers is £26,200, however proposed changes mean this is to increase to £38,700. James Cleverly, the Home Secretary said that 300,000 people who were eligible to come to the UK last year would not be able to in future. Furthermore, the gross annual minimum income requirement for family visas has also risen from £18,600 to £38,700. The home secretary believes there has been an ‘abuse’ of health and care visas for years and has now planned to make it ‘fair, legal and sustainable.’ The sharp increase in net immigration (difference between those entering and leaving the UK) has led to a political challenge for Mr Sunak and the conservatives who have promised on many occasions to bring this number down since 2010. In addition to the new salary requirements, the government said they would: Ban care workers bringing family dependants to the UK End companies being able to pay workers 20% less than the going rate for jobs on a shortage occupation list Increase the Immigration Health Surcharge which foreign workers pay to use the NHS from £624 to £1,035 Raise the minimum income for family visas to £38,700, from £18,600 from next spring To further review the graduate visa route to "prevent abuse" These changes are likely to take effect in spring 2024. The government's changes to the minimum income for family visas mean that people may be blocked from bringing their relatives to stay in the UK under certain circumstances. If you have an issue and require assistance, then Ash Hill solicitors is happy to help and advise further. Please call our immigration solicitor on 02085152790.
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