Tài liệu What to do after a death in England or Wales pptx

Forexample, it tells you how to: • get a medical certificate which showsthe cause of death • register the death • arrange the funeral, and • decide what to do with the person’sproperty a

in England or Wales

Part of the Department for Work and Pensions

When someone close to you dies, there aremany decisions and arrangements you’llhave to make, often at a time of personaldistress

This leaflet gives you help and guidanceabout what to do when someone dies Forexample, it tells you how to:

• get a medical certificate which showsthe cause of death

• register the death

• arrange the funeral, and

• decide what to do with the person’sproperty and belongings

It also tells you about the financial help youmay be able to get and lists organisationswho can give you support and comfort This leaflet tells you about what to do after

a death in England or Wales Some of theinformation is different for deaths in

Scotland Go to the website

www.scotland.gov.uk or visit a Jobcentre inScotland to see a leaflet about this

produced by the Scottish Government

What to do first 5

If someone dies in hospital 5

If someone dies elsewhere 5

If the cause of death is not clear 6

If the organs and/or body are to be donated 12

If you want to move a body out of England or Wales 14

How to register a death 15

What happens at the registrar's office 16

The death certificate 18

Registering the death of a stillborn baby 18

Arranging the funeral 21

Arranging the funeral without a funeral director 22

Choosing a funeral director 22

Deciding about cremation or burial 24

If the person died outside England or Wales .27

Registering someone's death 27

Funerals abroad 28

Bringing a body back to England or Wales 28

Funeral Payments from the

Social Fund .35

When a war pensioner dies 37

Other help .38

Dealing with someone's estate and belongings 39

The will 39

Jointly-owned property 40

Getting permission to deal with the estate 40

What does the executor or administrator need to do? 42

Distributing the estate and dealing with claims on the estate 48

Summary of the intestacy rules 49

Who can make a claim on an estate? 51

Help and support for you 54

Bereavement benefits 55

Entitlements that may have changed 58

Payments for bereavement in special circumstances 61

Help to bring up a baby or child 63

Maternity benefits 63

Child Benefit 63

Guardian's Allowance .63

Help if you do not have enough to live on or are on a low income 65

Tax credits 65

Income Support .66

Jobseeker's Allowance 67

Pension Credit 67

Housing Benefit 68

Council Tax Benefit 68

What to do first

If someone dies in hospital

If someone dies in hospital, the hospitalstaff will contact the person named by thatperson as their ‘next of kin’

The hospital will keep the body in themortuary until the executor or someoneacting on their behalf arranges for it to betaken away Most funeral directors have achapel of rest where the body will be helduntil the funeral

If someone dies elsewhere

If you expected the person’s death

If you expected the person’s death, youshould contact the doctor who cared forthem during their illness If the doctor canconfirm the cause of death, they will giveyou:

• a medical certificate that shows thecause of death (this is free of charge andwill be in an envelope addressed to theregistrar), and

• a formal notice that says that the doctorhas signed the medical certificate (this

An ‘executor’ is the

person named in a will

who should take charge

of doing everything the

will asks

• family doctor (if you know who it is), or

• nearest relative

You must also contact the police They canhelp you find the people listed above, ifnecessary

If the cause of death is not clear

If the cause of death is not clear, the doctor

or other people who helped to look afterthe person must report it to the coroner.The coroner may decide that there needs

to be a post-mortem and an inquest

Coroners

The coroner is a lawyer or doctorresponsible for investigating a death when:

• the cause is sudden and unknown

• it was violent, unnatural or happenedunder suspicious circumstances, or

• it happened in prison or in policecustody

In these cases, the coroner may be theonly person who can confirm the cause ofdeath The doctor will write on the formalnotice that they have referred the death tothe coroner

If you want advice or information about adeath which you have reported to thecoroner, contact the coroner’s office Youcan get the address from the police station,your local library or the hospital where theperson died

A post-mortem is a medical examination ofthe body, which can find out more aboutthe cause of death It should not delaywhen you can have the funeral

The coroner may arrange for a

post-mortem If you’re a relative of the personwho has died, they do not need yourpermission to do this, but you are entitled

to have a doctor represent you at the mortem If this is the case, the coroner willtell you when and where the post-mortemwill be

post-If the person dies in hospital, you may askthe coroner to arrange for the post-mortem

to be carried out by a pathologist otherthan one employed at or connected to thehospital the person died in

The coroner will usually pay to remove theperson’s body from where they died to themortuary for the post-mortem The coronermust ask your permission (if you are theperson’s next of kin) if any organs or tissueneed to be kept once the post-mortem hasbeen carried out

If the post-mortem shows that a personhas died due to natural causes, thecoroner may issue a notice known as ‘PinkForm B’ (form 100B) This form shows thecause of death so that the death can beregistered

If the body is going to be cremated, thecoroner will give you the certificate forcremation which allows you to arrange forthe body to be cremated (see page 24)

Inquests

An inquest is a fact finding inquiry into themedical cause and circumstances of adeath It is held in public, sometimes with ajury It is up to the coroner to decide how

to organise the inquiry in a way which isbest for the public and the relatives of theperson who died

The coroner will hold an inquest if:

• the death was of unknown cause,violent or not natural

• the death was caused by a disease inthe workplace, or

• the person died in prison

Coroners hold inquests in thesecircumstances even if the person diedoutside England or Wales, if the body isreturned here If someone’s body has beendestroyed by fire or is lying in a place fromwhich it cannot be recovered, a coronercan hold an inquest by order of the

If an inquest is held, the coroner must tellthe following people (if their name andaddress is known to the coroner):

• the husband, wife or civil partner of theperson who died

• the nearest relative (if this is not theperson’s husband, wife or civil partner),and

• the person’s personal representative orexecutor (if they are not any of theabove)

You can go to an inquest and ask thewitnesses questions, but only about themedical cause and circumstances of theperson’s death, if you are:

• a parent, child, husband, wife or partner,

or personal representative of the personwho died

• a beneficiary under the insurance of theperson who died

• the insurer who issued the policy;

• a person whose act or omission mayhave caused or contributed to the death

• a person appointed by the trade union

The coroner may decide it is right to allowother people not listed here to ask

questions

It is not necessary to be legally represented

at an inquest The inquest is not a trial sothere is no prosecution or defence

Witnesses are not expected to presentlegal arguments and an inquest cannotblame anyone for the death The coronerensures that the process is impartial and he

or she ensures that the process isthorough, and is expected to assist familiesand ensure that their questions are

answered

If the inquest takes some time, ask thecoroner to give you an ‘interim certificate ofthe fact of death’ or a letter confirming theperson’s death You can use this certificate

or letter for benefits and National Insurancepurposes Financial institutions shouldusually accept this certificate as evidence

of the death The coroner may give you an

‘order for burial’ or a ‘certificate forcremation’ so that you can arrange thefuneral, as long as the body is not neededfor further examination

The coroner will also send a ‘certificateafter inquest’ to the registrar, which willgive the cause of death This means thatthe registrar can register the death

Go online at www.direct.gov.ukto seemore information about the inquest systemand what the coroner is responsible for

Summary of forms and certificates

Some of the forms and certificates you may be given by doctors andcoroners are listed below The list explains when and where you geteach form

Medical certificate ofstillbirth

Notification by thecoroner (pink form100A or 100B)

Order for burial(form 101)

Coroner’s certificatefor cremation

You will get thisfrom the following Doctor

Doctor

Doctor or midwife

Coroner (the coronerusually sends thisdirect to theregistrar, but youmay be asked totake it to theregistrar yourself) Coroner

Coroner

If the organs and/or body are to bedonated

It is sometimes possible to use organs andbody tissues from someone who has died,which can help others to live

Whether or not organs can be transplanteddepends on how and where the persondied The donation of internal organs (such

as the liver, kidneys, heart or lungs) may bepossible if the person died in hospital while

on a ventilator, but not if they died at home

or elsewhere Wherever they died, it may

be possible to donate corneas, heart valvesand skin and bone

If the cause of death is suspicious, sudden

or unexpected and has been referred tothe coroner, the coroner must agree to theremoval of the organ, since the removalcould affect some important evidence.Decisions can usually be made veryquickly

If the person who died carried a donor card

or was listed on the NHS Organ DonorRegister and it is possible to transplant anorgan, the appropriate qualifying person(see page 13) will be contacted to askwhether or not they agree to donation

Where the person who died did notindicate their consent (or refusal) to donatetheir organs and, in the case of an adult, anominated representative has not beenappointed, someone close to them cangive consent to the removal, storage anduse of organs and tissues for

transplantation

The Human Tissue Act 2004 sets out theorder in which those close to the deceasedperson should be contacted for the

purposes of obtaining consent for the use

of organs or body tissues In order ofpriority this is:

• Half brother or half sister

• Friend of long standing

If you have not already been asked about

Partner

We will treat you as a

couple if you live with

your husband, wife or

civil partner, or if you live

with someone as if they

were your husband,

wife or civil partner We

call this other person

your partner

Donating a body for medical education,training or research

People who donate their bodies make avital contribution to training by medicalschools Those who wish to donate theirbody must have made their wishes known

in writing before they died, and let theirnext of kin know

The Human Tissue Authority regulates thisarea, and if you need to know more abouthow to donate a body, visit www.hta.gov.uk

If you want to move a body out ofEngland or Wales

If you want to move the body out ofEngland or Wales (for example, so that youcan have the funeral abroad), you must getthe coroner’s permission You need to getthis at least 4 days before you want thebody to be moved Sometimes, thecoroner may be able to give theirpermission sooner

After the coroner has finished theirinquiries, they will give you a ‘removalnotice’

This procedure applies in all cases wherethe body is to be moved out of England orWales, not just when you report a death tothe coroner

How to register a death

The death must be registered with theregistrar of births and deaths You can findthe address in the phone book

If the death has not been referred to thecoroner, you should tell the registrar about

it as soon as possible The death must beregistered within 5 days (unless the

registrar says this period may be

extended)

If the death has been referred to the

coroner, it can’t be registered until theregistrar has received the coroner’s

permission to do so (see page 10)

You can give any registrar in England andWales the information to register a death.You will need to go to the registrar’s office,

to tell them formally about the person’sdeath

Check when the registrar will be there and

if only you need to go along It may be thatsomeone else needs to give the registrarsome information to register the death

If the death took place in a different area

If the person died on a ship or plane, checkwhich country you need to register theirdeath in Usually, this is the country thatthe ship or plane is registered in.

What happens at the registrar’s officeWhen you go to the registrar you shouldtake:

• the medical certificate which shows thecause of death

• the person’s medical card, if possible,and

• the person’s birth and marriage or civilpartnership certificates, if these areavailable

You should tell the registrar:

• the date and place the person died

• the person’s usual address (their only ormain home)

• the person’s first names and surname(and maiden name, if this applies)

• the person’s date and place of birth (thetown and county if they were born in the

UK, and the country if they were bornabroad)

• the person’s occupation and the nameand occupation of their husband, wife orcivil partner

• if the person was getting a pension orbenefit from the Government, and

• the date of birth of their surviving

husband, wife or civil partner (if theperson was married or in a civil

be buried or to apply for the body to becremated You should take this to thefuneral director so that the funeral can

be held

• A certificate of registration of death (formBD8) This is for benefit claim purposesonly You should read the information onthe back of the certificate If any of itapplies, fill in the certificate and contactJobcentre Plus or The Pension Service

• Leaflets about bereavement benefits andincome tax for surviving husbands,wives or civil partners, where

appropriate

The death certificateThe death certificate is a certified copy ofwhat is written in the death register Theregistrar can let you have a death certificate

if you want one, but you will have to pay afee

You may need a death certificate for the will(see page 39), and for any pension claims,insurance policies, savings bank certificatesand premium bonds

You may want to ask for more than onecopy of the death certificate straight away,

as the price increases if you need one later

on The registrar may not be able to giveyou all the copies straight away and mayask you to call back or ask you to pay anamount towards postage so that they cansend them to you

Registering the death of a stillborn baby

If a baby is stillborn (born dead after the24th week of pregnancy) you will be given

a medical certificate of stillbirth signed bythe midwife or doctor, which you shouldgive to the registrar If there wasn’t a doctor

or midwife there, and no doctor or midwifehas examined the body, you must sign aform (form 35) which the registrar will giveyou

The registrar will give you a certificate forburial or cremation and a certificate ofregistration of stillbirth

You can ask to have a first name for astillborn baby when you register the death.The registrar will write the baby’s name onthese certificates if the name is recorded inthe register It is also possible to get

certified copies of what is written in thedeath register

Maternity benefits

If your baby was stillborn after 24 weeks ofpregnancy, you may still be entitled toStatutory Maternity Pay or Maternity

Allowance There is a leaflet from JobcentrePlus which gives you more informationabout this

You can give any registrar in England orWales the information to register a stillbirth.The procedure to register a stillbirth issimilar to the procedure for registering adeath (see page 15)

To find out more about arranging a funeralfor a stillborn baby, see page 23

Summary of forms and certificates

Below is a list of some of the forms and certificates the registrar willgive you when you register a death The list explains when andwhere you get each form

When you register a death

If no coroner has issued a

certificate for cremation or a

burial order

If Jobcentre Plus or The

Pension Service needs to know

about the death

If you need evidence of the

death to get probate, pensions

claims, insurance policies,

savings certificates or premium

bonds

If a baby is stillborn

If a baby is stillborn and you

want a burial or cremation

You will usually get thefollowing

Certificate for burial orcremation (the green form)

Certificate of registration ofdeath (form BD8)

Death certificate

Registration of stillbirth Certificate for burial orcremation (the white form)

Arranging the funeral

Do not make final funeral arrangementsuntil you are sure that you do not have toreport the death to the coroner, as this mayaffect the date when the funeral can beheld

Find out if there is a will, as this may givedetails of what the person wanted for theirfuneral arrangements (see page 39)

If you arrange for a funeral, you are

responsible for paying the bill, so firstcheck where the money will come fromand if there will be enough to cover all thecosts

There are some laws about what to doafter someone has died Their death needs

to be registered and the body needs to beproperly taken care of, by either burial orcremation

If you need to arrange a burial or funeralservice in line with a particular religion, youcan get advice from a minister of thatreligion or the religious organisation that theperson who died belonged to

Arranging the funeral without a funeraldirector

Many people choose to use a professionalfuneral director to organise a funeral They

do this partly because it is easier, at what isgenerally a stressful time

It is possible for you to organise a funeralwithout the help of a funeral director, butyou should contact the cemeteries andcrematorium department of your localcouncil for advice

Choosing a funeral directorFriends, family, clergy or your doctor may

be able to suggest a local company with agood reputation If not, most local firms arelisted in the Yellow Pages Remember, theircharges can vary considerably You maywant to contact or visit more than one firm.Most funeral directors choose to join one ofthe 2 trade associations below Funeraldirectors do not have to be in a tradeassociation, so you may want to check thisbefore choosing one

National Association of FuneralDirectors

The funeral director will need the certificatefor burial or cremation (the green form) or

an order for burial, or a certificate forcremation which gives permission for aburial or to apply for a cremation (see page20)

Funeral for a stillborn baby

The hospital may offer to arrange a burial

or cremation, free of charge, for a stillbornbaby, whether they were born in hospital or

Deciding about cremation or burialCheck the will to see if the person who hasdied has given any instructions for theirfuneral It is generally up to the executor ornext of kin to decide whether to have acremation or burial The executor does nothave to follow the instructions about thefuneral left in the will

The funeral director will help you to decidewhere the body should stay until thefuneral, and when and where the funeralshould take place

If there is going to be a service orceremony, you should contact theappropriate person for the religion or belief

of the person who has died If you are notsure, the funeral director should be able tohelp you

Cremation

No one can be cremated until the cause ofdeath is definitely known The crematorium(or funeral director) usually requires:

• an application form signed by the next ofkin or executor, and

• 2 cremation certificates (the first signed

by the treating doctor and anothersigned by a doctor not involved with thetreatment of the person who has died),or

• a cremation form signed by the coroner

You have to pay for the cremationcertificates signed by the 2 doctors If thedeath is referred to the coroner, you do notneed these 2 certificates Instead, thecoroner will give you a certificate forcremation which is free

If the crematorium is satisfied that thecause of death has been confirmed, andthat all the forms have been completedcorrectly, the ‘medical referee’ will authorisecremation by signing a form The medicalreferee has the power to refuse thecremation and make further enquiries, butmust give a reason for doing so

If the person died outside England orWales, see page 27

It is important to make it clear to the funeraldirector or crematorium staff what youwant to be done with the ashes If this isnot clear, they will need to contact you todiscuss what they should do

You can scatter someone’s ashes in agarden of remembrance or their favouriteplace, bury them in a churchyard orcemetery, or keep them

Before someone can be buried, you musthave a death certificate signed by a doctorand a certificate for burial from the registrar

of births and deaths (see page 20)

You should find out if the person hasalready arranged a grave space in achurchyard or cemetery, by checking theirwill and looking through their papers There will be a ‘deed of grant’ which shows

a grave space has been paid for in acemetery Most cemeteries are open to allfaiths, so you can have most types ofservice or ceremony These cemeteries areowned by local authorities or private

companies, and their fees vary Somecemeteries and churchyards no longerhave any space for new graves

If you want the burial to be in a churchyard,you can find out from the priest or minister

if there is space and who has the right to

be buried there

If the person died outside England

or Wales

Registering someone’s death

If the person died in Scotland or NorthernIreland, you should register their death inthat country

If the person died abroad, or on a ship orplane, you should register their death in linewith the laws of that country (or the country

in which the ship or plane is registered),and get a death certificate

If the person who died was a Britishnational, you may also register the deathwith the British Consul in the countryconcerned If the death took place on aBritish-registered ship or plane, the deathwill be registered with the relevant

authorities in the UK (Registrar General forShipping and Seamen, or the Civil AviationAuthority)

You will be able to get the death certificatefrom the British Consul who registered thedeath or, for deaths on ships and planes,from the General Register Office

If the person died outside of England orWales in the circumstances listed on pages

5 and 6, or there is not full informationabout their death and their body is brought

to England or Wales, you must report theirdeath to a coroner in the same way as ifthey had died in England or Wales

Funerals abroadYou can arrange a burial or cremationabroad The British Consul in that countrycan register the death This avoids thecosts of bringing the body back to England

to go about this is and what it is likely tocost

You will need the death certificate from theplace the person died, or formal permissionfrom the coroner or relevant authority in thecountry where the person died, to bring thebody back to England or Wales

Arranging a funeral in England or Wales

To arrange a funeral in England or Walesyou will need:

• an approved translation of a foreigndeath certificate, or a death certificateissued in Scotland or Northern Ireland(these must show the cause of death),and

• a certificate of ‘no liability to register’from the registrar in the area in England

or Wales where the burial or cremation isgoing to take place You do not needthis certificate if a coroner has issued acertificate for cremation or an order forburial

Arranging a cremation

If a person died abroad and you havebrought their body back to England orWales to arrange a cremation, you willneed a cremation order from the localcoroner You can get their details from anylocal funeral director

In England or Wales, if you have either ofthe above forms you will not need the 2forms signed by doctors (see page 24) For

If the person died from natural causes, thelocal coroner will issue an order to producethe application for cremation and originaldocuments (which must clearly show thecause of death) from the country where theperson died

The local coroner may need approvedtranslations of documents if they are in aforeign language When you send these,write ‘Cremation Urgent’ on the envelope

If the person did not die from naturalcauses, the coroner will start an inquestinto their death In these cases the coronerwill issue a form for cremation when theyopen the inquest

Paying for the funeral

Funerals can be expensive So remember

to check where the money for the funeralwill come from before making any

arrangements Otherwise, you may have topay the bill yourself

First check whether the person who hasdied had made any plans to pay for thefuneral The sections below set out somepossibilities

If no one is able or willing to arrange andpay for the funeral, the local council, or insome cases, the health authority, may payfor the funeral, but only where the funeralhas not already been arranged (see page38)

If someone has arranged to pay for theirown funeral

There may be money available to pay forthe funeral from money the person has leftbehind (assets) or through schemes andpensions that they paid into during their life After someone dies, their bank account is

‘frozen’, unless it is a joint account You

You should check the person’s papers for acertificate from the Cremation Society, theirlife-insurance policy or a funeral plan whichhas already been paid for You should alsolook for letters from their past employerswith details about any occupationalpension scheme or personal pension.

These might cover the cost of the funeral,and also provide other financial support fortheir surviving husband, wife or civil partner

If the person was living in hospital or aresidential care home, the hospital or homewill hand over the person’s belongings (up

to a figure fixed by the relevant localauthority) to the nearest relative, or to theperson who has written permission fromwhoever is dealing with the will (see page39)

Employer’s pension schemes orpersonal pensions

Some employers provide pension schemesthrough work (occupational pension

schemes) that pay a lump sum to help withfuneral costs and sometimes pensionbenefits for a person’s surviving husband,wife or civil partner You should check tosee if the person who died has everbelonged to this sort of scheme They mayhave made their own arrangements if theywere self-employed, or if their employer didnot have an employer’s pension scheme

If the person was receiving a pension from

a previous job, you should find out who ispaying it It might be the employer’spension scheme or an insurance company.You should tell the representative from thatpension scheme about the person’s death,and if the person has a surviving husband,wife or civil partner, dependent child orother dependant, because they may beable to get a pension If they alreadyreceive a pension, they may be able to getmore money

You should find out if there was pensiondue to be paid when the person retiredfrom a previous employer If there is apension, you should check who isresponsible for paying it, for example theemployer or an insurance company

If you have difficulty, you can get help fromthe Pension Tracing Service

Phone: 0845 600 2537

Textphone: 0845 300 0169 (For peoplewho find it hard to speak or hear clearly)These lines are open Monday to Fridayfrom 9am to 5pm

Other pensions and paymentsThere may be pensions or lump sumspayable from a trade union, professionalbody or other association, or from aprovident club which pays benefit when amember dies.

If the person was getting a benefit beforethey died, there may be some of thatbenefit still due When you tell theDepartment for Work and Pensions aboutthe person’s death, ask them to send you aform which you can use to claim any

money owed (see page 45)

If you are the executor, you will be paid thismoney If there is no executor but you arepaying for the funeral, you can claim up tothe cost of the funeral costs

Life insurance policies

The person who died may have taken out alife insurance policy which pays a lumpsum if someone dies before a certain age.The lump sum is usually paid after probatebut the insurance company may pay outsome money when they have proof that theperson has died

The Cremation Society

If the person who died was a member ofthe Cremation Society, you may be able topay reduced cremation fees, or the

Cremation Society may pay somethingtowards the cost of the cremation

Funeral Payments from the Social Fund

If you or your partner are on a low incomeand have to arrange a funeral, you may getsome help with the costs

This is a one-off, tax-free payment to helpcover the necessary costs of a funeral The Social Fund can help to pay for asimple, respectful, low-cost funeral Thisincludes:

• the necessary costs of burial or

cremation fees

• a new burial plot (if a burial is chosen)

• certain other expenses, and

• up to £700 for any other funeral

expenses like funeral director’s fees, acoffin or flowers

You must claim within 3 months of the date

• Child Tax Credit at a rate higher than thefamily element

• Housing Benefit

• Council Tax Benefit

It must also be reasonable for you or yourpartner to pay for the funeral

We may need to consider thecircumstances of other relatives of theperson who has died

Normally the person needs to have beenliving in the UK when they died and thefuneral usually needs to be held in the UK

If you get a Funeral Payment, you will have

to pay this back from any estate of theperson who died Their estate includesmoney, property and other things that theyowned (Any home that is still lived in by asurviving partner or personal things left torelatives do not form part of the estate.)

To find out more about getting a FuneralPayment, contact Jobcentre Plus byvisiting www.jobcentreplus.gov.ukor youcan find our address and numbers in yourlocal phone book

When a war pensioner dies

If the person who died was a warpensioner, you may be able to get helpwith the cost of a simple funeral if they:

• died from the condition that they werereceiving a war pension for

• died in hospital while having treatmentfor that condition

• were getting war pensioner’s ConstantAttendance Allowance at the time oftheir death, or

• were getting a War Disablement Pensionassessed at 80% or more and

Unemployability Supplement at the time

of their death

You will not have to pay any of the moneyback from the estate of the person whodied

You must claim within 3 months of thefuneral

To claim you need to contact the ServicePersonnel and Veterans Agency

immediately after the funeral

Phone: 0800 169 2277