What you need to know straight away.
This section contains information about decisions you may need to make straight away. It is important that you look through these pages first, and read the information that is relevant to you.
A Police Family Liaison Officer (FLO) will talk you through this section and explain what you need to know.
Identifying and viewing the deceased person.
When someone has died, the police may ask a family member or close friend to identify the person or their belongings and then confirm their identity by signing a statement. If you are not asked to identify the body, you can still choose to view the deceased person. This can be a difficult decision, especially if the person died in violent circumstances. The FLOs will be able to give you guidance and answer your questions, but the decision will be up to you.
Identifying the deceased person.
Your involvement in identifying the deceased person is important for the police to confirm the person’s identity. Identification normally takes place at a hospital or in a mortuary, However, it can sometimes take place at the scene of the death, depending on the circumstances. If you are asked to make the identification, the FLOs will help you arrange the visit and answer any questions or concerns you have.
Viewing the deceased person.
Even if you are not asked to identify the deceased person, you may still want to view them. This can be the first step towards coming to terms with your bereavement. Often people who do not see the body find it harder to accept that the person has died. It is normal that you may feel worried or frightened about the viewing. You may not wish to have your last memory of them lying in a mortuary, or you may be worried about how they will look because of the circumstances of their death. The FLOs will give you details of what the experience can be like to prepare you for the viewing. Sometimes there are photographs available of the person that can be shown to you to give you an idea of what happened.
Viewing the deceased person after a post mortem.
Sometimes, you may not be able to view the person until a post-mortem examination has been carried out. This is because when the police are investigating the circumstances of the death, a lot of evidence that may help to convict a suspect is found on the clothes and the body. In these cases, you will not be able to touch – or even view – the person until after the post mortem. An FLO will be able to explain this further.
Giving consent for donating tissues and organs.
Sometimes it is possible to use organs and body tissues from someone who has died to help others live. If the deceased person carried a donor card or was on the NHS Organ Donor Register, someone close to them will be asked if they agree to donation. If the deceased person had not indicated their consent (or refusal) to donate their organs, the next of kin may give their consent to donate.
What organs and tissues can be transplanted?
Whether organs can be transplanted depends on how and where the person died. Internal organs may be donated if the person died in hospital when on a life support machine, but not if they died at the scene of the crime.
However, corneas, heart valves and skin or bone may be donated wherever the person died.
If the cause of death is suspicious and has been referred to the coroner, removing organs could affect important evidence – so the coroner will then have to agree before any organs can be removed.
Who can give consent?
If the person did not consent or refuse to donate their organs, the list of who to contact for obtaining consent to donate is specified in the Human Tissue Act 2004.
The list follows this order :
• spouse or partner (including civil or same sex partner)
• parent or child
• brother or sister
• grandparent or grandchild
• niece or nephew
• stepfather or stepmother
• half-brother or half-sister
• long-standing friend.
Where can I find more information?
If you have not been asked about organ or tissue donation and want to find out if it is possible, speak to an FLO.
For more information about donation and transplantation, go to the Human Tissue Authority’s website at www.hta.gov.uk.
You can also contact the Organ Donor Helpline on 0845 60 60 400 – their lines are open 24 hours. Or go online at : www.uktransplant.org.uk
Who should be notified about the death.
When someone dies, there are people and organisations that need to be told. This includes organisations like the tax office or the deceased person’s bank or building society.
If you were the spouse or partner of the deceased person, the following might apply to you as well. These organisations may need to be informed of the death: • The deceased person’s and your own employer
• If you are employed, you may be entitled to immediate bereavement leave or be given permission to take your holiday entitlement immediately.
Some employers and trade unions also have benevolent funds that provide support for families of employees. • A nursery, school, college or university that the deceased was attending when they died – or that their children attend. Teachers and lecturers can often provide valuable support. • Life insurance and pension schemes
• Bank or building society
• Mortgage provider, housing association, council housing office or landlord
• Utility providers
• Benefit providers
• If the person who died was receiving a state retirement pension or any welfare benefits, you should inform The Pension Service or the office that dealt with their benefits.
If you were receiving a carer’s allowance for the deceased, you should inform the relevant agency. The registrar will send you a form to send back together with a copy of the death certificate and any advice booklets.
Please make sure that you keep a note of any reference numbers as you may need them later.
• The tax office, HM Revenue & Customs
• Either the Passport Office if the deceased person was a British national, or the relevant embassy or high commission if the deceased was a foreign national
• If they had a driving licence, the Driver and Vehicle Licensing Agency (DVLA)
• The deceased person’s vehicle insurance provider
• If you were insured as a named driver on the deceased person’s policy, you will now not be legally insured to drive the vehicle.
• The Bereavement Register to cancel any unwanted post addressed to the deceased
For more information about the Bereavement Register, go to page 18.
Please note that this list is not exhaustive. There may be other organisations that will need to be informed depending on the deceased person’s circumstances.
You should also think about informing relatives and friends about the bereavement as soon as possible.
If you do not want to tell these organisations or people yourself, you can ask someone to do it on your behalf.
You will have so much to deal with and process, some of these things can be done in the coming weeks, and some you will not be able to do without a death certificate, having said that some companies will freeze accounts upon notification until a death certificate is issued.
Obtaining personal possessions of the deceased person.
Sometimes, the police or hospital staff may keep the deceased person’s personal belongings. If the personal belongings are being used as evidence, it may be a significant time before they can be returned to you. In some cases, it may be possible for the police to photograph or copy the item before they return the original to you. You may then be asked to keep the item safe and secure in case the prosecution or defence team may need to use it in the future. This depends on the type of item, its condition, or the weight of evidence it gives the prosecution case. An FLO will be able to give you specific advice about the deceased person’s personal possessions relating to your particular case.
Coping with the media.
Sometimes, the media can take an interest in the deceased person, their family and friends. You may find the media intrusions difficult to cope with – but the media can play an important role in the investigation and, to do so, they need your co-operation. FLOs will help you deal with the media, and will in appropriate circumstances introduce you to the Police Press Officer, who can advise you before you speak to the media. If you do not want to speak to the media, you should ask the FLOs to arrange for a suitable person (usually a Police Press Officer or Senior Investigating Officer) to talk to the media or read a statement on your behalf. Newspapers often want pictures of those who died or members of their family, and they will sometimes go to considerable lengths to get one. The FLOs may ask you to choose a photograph that you are prepared to share with the media. The FLOs will arrange for copies to be made and given out to the press.
This is something I was not prepared for, to the media it is just a story, they will knock on doors of friends, family and even workplaces to try and obtain information, they will even go through social media to obtain pictures. Social media presents another problem, you may encounter ‘Trolls’ who will sink to the lowest levels in order to get a reaction, and you will want to react and defend your loved one, if you experience this please report it to the Police, this is a criminal offence.
If you find the media too intrusive.
You may not want to speak to the media and find their interest intrusive. If you are being subjected to too much attention, you should tell the FLOs. They will try to reduce the level of intrusion.
If you are unhappy about the media reporting and want to complain.
Journalists, reporters and broadcasters have to deal sensitively with those involved at all times. If they do not, you have grounds to complain.
If you are unhappy about newspaper reporting.
If you are unhappy about a newspaper’s reporting, it may be possible to persuade the editor of the newspaper to withdraw a comment.
You can also make a complaint to the Press Complaints Commission (PCC)
. They are responsible for making sure that newspapers abide by the industry’s Code of Practice. The code covers issues relating to privacy, harassment and intrusion into grief. If you feel that the actions of a reporter may have breached the code, you should complain to the PCC as soon as possible.
You can get a copy of the Code of Practice and details of how to complain from the PCC.
Call: 020 7831 0022
Go to: www.pcc.org.uk .
If you are unhappy with the content of broadcast media
If you are unhappy about the way a broadcaster
(for example, a TV or radio reporter) has dealt with your case, you can make a complaint to the Office of Communications (Ofcom)
– the regulatory body for media broadcasts. Write to:
Ofcom
Riverside House
2a Southwark Bridge Road
London SE1 9HA
Call: 0300 123 3333 or 020 7981 3040 (in Welsh: 020 7981 3042)
Textphone: 0300 123 2024 or 020 7981 3043
Please note that the textphone numbers only work with special equipment used by people who are deaf or hard of hearing.
Go to: www.ofcom.org.uk and click on ‘How to complain’
The Police may ask you to prepare a statement to be issued to the press and in that you can include that you wish to be left alone, if you are hounded after this is issued the Police may be able to intervene, If you are faced with having to go through an inquest, be prepared, an inquest is considered ‘public interest’ and therefore the press/journalists can sit in on the hearing, they may also be waiting for you to leave the coroners court, if you find the prospect of facing the press too much you can ask the Police to issue a statement on your behalf, and if its possible leave via a different exit and avoid them altogether.
Stopping unwanted mail addressed to the deceased person.
The Bereavement Register is a free service that helps stop direct mail being sent to the deceased – reducing the distress caused to you and your relatives. Receiving mail for the deceased person can not only be upsetting, but it can also cause anguish if fraudsters steal the deceased’s personal details. How do I register? To reduce direct mail sent to someone who has died, fill in the form enclosed with this pack.
Alternatively register online at: www.the-bereavement-register.org.uk
The Funeral.
Having a funeral is an important step in coping with grief. You may need some time to think through what kind of funeral would be suitable. Find out whether the deceased person left any instructions, or if friends and relatives have any wishes.
If there is an inquest into the death, the funeral cannot take place until the coroner has given their permission. Sometimes the coroner will let the funeral go ahead before the inquest is completed. If not, the coroner’s team will do everything they can to minimise the delay.
To find out more about the inquest and the coroner, go to The criminal Justice Process in the menu.
Arranging the funeral.
Before you start any funeral arrangements, you will need to consider any instructions left in a Will or a pre-paid funeral plan.
If the deceased person named an executor in their Will, this person will be responsible for arranging the funeral. If the deceased did not leave any wishes, the next of kin and other members of the family will decide what type of funeral is best.
Here are some questions that you may wish to consider :
• What kind of funeral do you think the deceased person would have preferred?
• What kind of funeral would you, the family or friends prefer?
• Where will the funeral take place? Somewhere locally or overseas?
• Will it be a burial or cremation?
• Should it be a religious or humanist service?
• Should it be a quiet family gathering or an elaborate ceremony?
• Would you like mourners to send flowers or donations to charity? .
Its very hard to plan a funeral when you may not be aware of the options out there, I chose a funeral director who was very helpful in giving me options of what I could do, they also set up a donations page via their own site so people who didnt want to do flowers could donate towards a charity that I chose for Nikki, You may also want your loved one to be in their own clothes, this can be whatever you want for them, smart, casual, football shirt, or even pjs, I found choosing what Nikki would have been comfortable to wear helped me when I saw her. You might also want certain things to go in the coffin with them, a letter or teddy bear, personally I did both, I bought 2 bears, exactly the same, one to go with Nikki and one for us to keep. Choosing music and readings is also something to give thought too, so have a look at what music they liked and listened too, lots of ideas can be found online. Many people will also want to have order of service printed, these can be arranged by your funeral director, or if you know someone who is good with a computer, they may be able to help you put a cheaper option together. Your may also want to get a bereavement book (or just a nice notebook) for people to write a message in, its something you can keep and read back to yourself whenever you want too.
Who can help me arrange it?
Most people ask someone to help them with making the funeral arrangements, but you can also choose to do it yourself.
If the funeral is taking place locally.
If the funeral will take place locally, most people appoint a funeral director to help.
Choose one that a friend or a religious adviser recommends, or who has a good reputation locally.
A funeral director will:
take control of all arrangements
• arrange a burial or a cremation
• provide a suitable coffin
• care for the deceased person at their own premises before the funeral
• provide a hearse to take the coffin to the cemetery or the crematorium.
They can also help you decide about viewing the deceased person, advise about the time and place of the funeral and, if you wish, place an announcement in the newspaper.
Before choosing a funeral director, ask for an estimate and consider asking for quotes from different firms so that you can compare costs.
Make sure you choose a funeral director who belongs to one of the trade associations – that way they will have to follow certain codes of practice. The three trade associations are:
• The National Association of Funeral Directors
• The National Society of Allied and Independent Funeral Directors
• The Funeral Standards Council.
You may also want to think about if you want to have a gathering after the funeral, either at your home or at a venue, this doesn’t have to be a quiet and sombre affair, it can be a time for friends and family to share thoughts and stories and remember happier times. Don’t be afraid to call on wider family and friends to help organise this. You could also have your loved ones favourite music playing and let off balloons that people can write messages on.
.
If you are arranging it yourself.
If you prefer to make the arrangements yourself,
the Natural Death Centre will be able to advise you.
Call: 0871 288 2098
Go to: www.naturaldeath.org.uk
If the funeral is taking place abroad.
If the funeral will take place in another country, you have to ask the coroner for permission to take the body of the deceased person abroad.
For advice about repatriating the deceased person to another country, a funeral director or any of the trade associations can refer you to international repatriation specialists.
They are familiar with relevant procedures and will be able to advise you. Always ask for an estimate, and make sure that this estimate includes:
• a suitable coffin
• collection and preparation of the deceased person documentation
• the cost of flying the body of the deceased person overseas.
For more advice, contact your local coroner’s office. .
Paying for the funeral.
Before making any definite arrangements, make sure that you think about the cost of the funeral and where the money will come from.
• If the deceased person had funds in a bank or building society account, the funeral costs should be paid from that account.
The bank or building society may agree to pay for the funeral directly from the deceased person’s account.
Otherwise, your bank or building society may be able to help you until a probate is granted.
You can find out more about a probate in section 2 The Will, the estate and other payments.
• If the deceased person was employed, you could ask the employer if any death benefit or wages are due.
• If the deceased person had an occupational or personal pension scheme, this may provide a lump sum towards funeral costs.
• Find out if there is a pre-paid funeral plan or an insurance policy. .
Getting help with the costs of a funeral.
If there is no money to pay for the funeral, the local council can arrange and pay for a simple local funeral. This will be a dignified cremation or burial.
If the person died in hospital, the hospital may also be able to help.
If you cannot afford a funeral, talk to the local council or hospital as soon as possible.
If you are not able to pay for the funeral bill when you receive it, speak to your local Citizens Advice Bureau as soon as you can.
Go to: www.citizensadvice.org.uk. to find contact details for your local Citizens Advice Bureau .
Help from the social fund.
If the deceased person did not have any funds, and you are claiming benefits (such as Income Support, Housing Benefit, Council Tax Benefit, Jobseeker’s Allowance, Working Tax Credit, Child Tax Credit or Disabled Person’s Tax Credit), you may able to apply for a funeral payment from the Social Fund to cover the cost of a simple, respectful funeral.
To apply, contact the Department for Work and Pensions and ask for the SF200 form. Remember that a funeral payment must be claimed within three months of the date of the funeral.
For more information about the Social Fund payment, speak to you funeral director, your local Jobcentre Plus office or your local Citizens Advice Bureau.
You may wish to set up a fund raising page to help towards the costs, or to send onto a chosen charity.
Help from the Criminal Injuries Compensation Scheme.
The Criminal Injuries Compensation Scheme (CICS) may also refund the cost of reasonable funeral expenses – but not until any criminal proceedings are complete.
If you are arranging the funeral, make sure that you keep all the receipts for funeral expenses to include with your claim.
For more information about the Criminal Injuries Compensation Scheme, see section 6.
You can also call Victim Support on 0845 30 30 900 for more information.
Announcing the funeral.
You may want to put an announcement about the funeral in a national or local newspaper. This could include your wishes about flowers or donations to charity. To place an announcement, call the classified advertisement department of the newspaper. If you do not want to publish your personal or address details, you may prefer to ask your funeral director to help.
The Will, the estate and other payments.
Regardless of where the death occurred, it is important to find out if the person who died left a Will.
The Will says what should happen to the money, property and possessions (known as the estate) of the person who has died.
The person dealing with the Will and the estate – the personal representative – is responsible for making sure that what is specified in the Will is carried out.
If you have been named as the personal representative, make sure that you read all of this section. It contains useful information on how you deal with the Will and the estate.
If you are not the personal representative, you only need to read the following two pages.
The personal representative is sometimes referred to as the executor or the administrator.
If the Will specifies a personal representative, they are called the executor.
If there is no executor named or if there is no Will, they are referred to as the administrator.
The administrator is normally the next of kin.
What is the personal representative responsible for?
The main tasks of the personal representative are to:
• gather information about the assets in the estate
• receive and deal with any payments for the deceased person
• Pay any debts or expenses
• discontinue any utilities and pay any outstanding bills
• explain to relatives who is going to get what and how much under the Will
• administrate and share out the estate following the instructions left in the Will.
If there is no Will, the personal representative has to follow the instructions given by the next of kin.
If you were supported financially by the deceased person.
If you were supported financially by the deceased person immediately before their death, you can apply for a share of the estate – whether you were related or not.
This needs to be done within six months of the date that a probate or letters of administration are taken out. However, the court can allow later applications in special circumstances. Make sure that you contact a solicitor for legal advice before you apply.
If you were sharing possessions with the deceased person, make sure that you get legal advice before these goods are taken away.
For example, hire purchase goods that were bought in the name of the deceased person (such as furniture or a car that was bought on a finance agreement) may not be returned after a third of the purchase price has been paid – unless the seller gets a court order.
If you are the partner of the deceased person and your partner left a debt, you may need to check with an advice centre or a solicitor about your liability for the debt..
If you are the personal representative.
If there is a Will
If you are named as a personal representative in the deceased person’s Will, you are responsible for making sure that any wishes specified in the Will are carried out.
You are also responsible for paying any debts, taxes and expenses, including any funeral expenses. These payments should be taken from the estate – not from your own income or savings.
When you have made sure that all debts, taxes and payments have been paid, you can share out the rest of the estate, following the instructions left in the Will. Please note that, in most countries, a marriage or a registration of civil partnership will cancel the instructions left in the Will.
A solicitor will be able to offer you legal advice based on your situation.If the deceased person did not leave a Will
If the person who died did not leave a Will but had money or property, you need to apply for a probate (or the legal authority) to administer the estate.
However, if the whole estate comes to less than £5,000, you may be able to share it out without applying for a probate. Make sure that you contact a solicitor for legal advice before you apply.
Applying for a probate.
To apply for a probate, you need to contact the Probate Registry in your area. They will be able to give you advice and send you the forms you need.
Even though you can apply for a probate yourself, you may wish to do this through a solicitor as they will be able to give you advice and apply on your behalf.
To find your local Probate Registry, call the Probate and Inheritance Tax Helpline on 0845 30 20 900
Distributing the estate.
If you are given authority to act as an administrator and have made all the necessary payments, you will then be able to distribute anything left of the estate.
You should share out the estate according to rules that consider the rights of a surviving spouse or civil partner, children, parents and other close blood relatives.
A solicitor can give you legal advice on this. .
If there are no entitled blood relatives.
If there is no Will and no entitled blood relatives,
the Crown has a right to the whole of the estate.
Write to:
The Treasury Solicitor’s Department (BV)
1 Kemble Street
London WC2B 4TS.
Paying debts and expenses.
Normally any debts and expenses – including funeral expenses – are paid out of the estate of the person who has died.
As a personal representative, you are responsible for paying all the debts of the estate to any creditor (that is the people that the person who has died owes money to). To inform any unknown creditors of the person’s death, it is a good idea to place a formal advertisement in a local newspaper.
They then have two months to make any claims. If you do not advertise, you may be faced with personally paying the claims made after the money has been shared out.
Also make sure that you inform any known creditors that you are the deceased person’s personal representative – such as the home phone provider, and any company that the deceased had a credit, hire purchase or rental agreement with, such as their gas or water supplier.
Examples of debt owed at the date of death could be National Insurance contributions or an overpayment of Income Support.
If these are not paid, it may affect any benefits of the surviving spouse.
Paying or claiming tax.
If the person who died was employed, self-employed or paying tax on income from investments, you need to tell the relevant tax office (HM Revenue & Customs) about the death as soon as possible.
This will enable the tax office to settle the deceased person’s tax affairs, and inform you if you need to pay some more tax or claim a repayment.
Which particular tax office you should contact depends on the circumstances.
• If the person who died was an employee or had a pension from a former employer, contact the pay section of the employer or the pension organisation to get details of the deceased person’s tax office.
• If the person who died was self-employed, contact the tax office nearest to the place of business.
• If the person who died was unemployed or retired without a pension from a former employer, contact the tax office nearest to the home address.
Find out more by contacting your local HM Revenue & Customs office. 31 .
Claiming arrears of benefit
As a personal representative, you can claim any arrears of benefits that are still owing to the person who died. This is because there may be money due if the deceased person was receiving or had recently claimed a benefit.
If the claim was made just before the death, this claim may still be proceeded with. .
How do I make a claim?
To claim any benefit arrears, contact the Department for Work and Pensions (DWP) for an application form. Please note that arrears may sometimes be paid back without the need to claim.
If the person who has died was awaiting the outcome of an appeal against a decision about a benefit, or you think they may have been eligible for a benefit but did not make a claim, you should ask DWP for more information as soon as you can.
You may be able to act on their behalf and arrears of benefit may be payable to you.
Cancelling pensions and benefits.
If the person who died was receiving a pension or another type of benefit, such as Income Support, you should tell the DWP office about the death as soon as possible