National Grief Awareness Week takes place across England and Wales this week (2 December to 8 December 2024).
The now-annual event organised by the Good Grief Trust, aims to raise awareness about grief and provide support for those who are grieving by holding a series of events across the country.
The theme of this year’s Grief Awareness Week is ‘Shine a Light’, when organisers are hoping to promote bereavement services up and down the country by lighting the country orange to remember those who have died and support the bereaved.
To join in the campaign, the Good Grief Trust are asking that people around the UK light buildings orange or simply light a candle at 6pm on the 8th of December.
For more information about National Grief Awareness Week click here.
Steps Following a Death
The death of a partner, family member or friend is a very difficult time. In addition to attempting to come to terms with your loss emotionally, there are practical arrangements to make, and the situation can quickly become overwhelming.
As lawyers, our team witness first-hand how bereavement affects a family, and we meet every day with relatives trying to cope with the loss of a loved one.
We recognise that this is when our clients need us most and we are here to guide you through what is required following the death of a loved one with sensitivity and understanding.
For many people, it can be difficult to know where to start. In this blog, our experienced Probate Lawyers set out the main steps you need to follow when someone dies.
- Register the death.
In England and Wales, deaths must usually be registered at a register office within five days of the person’s passing. You will need to take certain documentation with you.
Once you have registered the death, the registrar will provide you with a death certificate and a certificate for cremation or burial.
- Arrange the funeral.
The deceased may have included instructions for their funeral in their Will. You will need to provide the funeral director, crematorium or burial authority with the ‘green form’ (the certificate for burial or cremation), which you will have been given when you registered the death.
- Find the deceased’s Will.
A Will sets out how an individual wants their assets to be distributed and appoints an executor, who has the legal authority to administer their estate.
Locating a deceased person’s Will can be difficult. Getting in touch with the deceased’s solicitor is a good first port of call, and you can also try searching the National Will Register, which has over ten million Wills in the system.
If there is no Will, an administrator will be able to administer the deceased’s estate following the rules of intestacy. If you are unsure as to who the legal next of kin is, and who can therefore administer an estate, we can guide you on this.
- Inform the relevant authorities.
If you are the executor or administrator, the next step is to inform the relevant authorities.
The government runs a service called Tell Us Once, which lets you report a death to most government organisations, such as HM Revenue & Customs (HMRC), the Department for Work and Pensions (DWP), and the Passport Office, in one go.
All other institutions will need to be contacted in line with their bereavement processes and these may vary institution to institution.
- Value the estate and pay any IHT.
Next, you need to estimate how much the deceased person’s estate is worth, based on the information provided by the relevant institutions and work out if there is inheritance tax (IHT) to pay.
- Apply for probate/ letters of administration.
The grant of representation (also known as a grant of probate or grant of letters of administration) is a legal document giving the named executor(s)/administrator(s) the legal right to deal with any money, property, and possessions the deceased had at the time of their death
The grant of representation is not always required. It may be that the institution is happy to release the assets to you with the need for the grant of representation. However, each institution will advise you of what is required to release the deceased’s assets to the executor/administrator.
Read more about what is involved in probate here.
- Administer the estate.
Once a personal representative has received a grant of representation they can administer the deceased’s estate.
This involves paying off any debts, selling property and distributing assets among beneficiaries in accordance with the Will or rules of intestacy.
Estate Administration Lawyers Gloucestershire
Our experienced probate lawyers at Langley Wellington provide specialist advice and support to executors or administrators dealing with the estate of a deceased person, sensitively guiding them through what can be a complex process.
We can assist you with every stage of the estate administration process, from ascertaining what comprises the estate, to obtaining the grant of probate, and distributing the assets to the beneficiaries.
Our probate and estate administration legal services include:
- Guidance on tax efficient estate administration.
- Completing inheritance tax forms.
- Preparing estate accounts.
- Deeds of variation.
- Distribution of assets.
To find out more about our estate administration services or to speak with one of our specialist probate lawyers, call us on 01242 264998 (Cheltenham) or 01452 521286 (Gloucester). Email lawyers@langleywellington.co.uk or click here to make an online enquiry.
This blog is not intended to be taken as advice or acted upon. If you are seeking legal advice, please get in touch with our team of solicitors.
