Spring Clean: Reviewing Your Legal Documents
Spring cleaning your legal documents is a sensible step to ensure your affairs are up to date, organised and ready for whatever the future may bring. As the days get...
News and Blog
Losing a loved one is emotionally overwhelming and at the same time, there are important practical steps that need to be taken. From registering the death and arranging the funeral to understanding wills, probate and tax, it can be hard to know where to start.
This guide explains what happens when someone dies in England and Wales, setting out the key stages clearly and calmly, so you can move forward with confidence when you feel ready.
In most cases, a doctor will issue a medical certificate confirming the cause of death. The death must usually be registered within five days at the local Register Office for the area where the death occurred.
You can request official copies of the death certificate when registering the death. These are often needed for banks, insurers and solicitors. Typically two copies are sufficient if you are instructing a solicitor to deal with the estate.
If it is more convenient, the death can be registered in a different district, but this can sometimes cause delays.
If the cause of death is unclear or unexpected, the Registrar may refer the matter to the Coroner. The Coroner may decide to order a post‑mortem or, in some cases, hold an inquest.
Where an inquest is required, an interim death certificate is usually issued. This allows certain practical and legal steps to be taken, including work on the estate, while the investigation is ongoing. The death itself is formally registered once the inquest has concluded.
Before making funeral arrangements, it’s important to check whether the deceased left any wishes regarding burial or cremation, or whether a pre‑paid funeral plan is in place.
The funeral cannot usually go ahead until the death has been registered or, where relevant, authorised by the Coroner. Funeral expenses are normally paid from the deceased’s estate. If there are no available funds and the person arranging the funeral cannot cover the costs themselves, financial help may be available through the Department for Work and Pensions Social Fund. In these cases, it is best to contact the DWP before making arrangements.
Organ donation is possible where the deceased registered their wishes during their lifetime or where no objection is raised by family members. The NHS maintains a central organ donor register.
If the deceased wished to donate their body to medical science, the nearest medical school should be contacted as soon as possible, as specific arrangements need to be followed.
A valid will sets out who is responsible for administering the estate (the executors) and how assets should be distributed. It is important to establish whether a will exists and to ensure there is no later version.
A solicitor, like WSP Solicitors can check whether a will is legally valid and confirm whether they already hold the original document.
If someone dies without a valid will, they are said to have died intestate. In these circumstances, the law determines who inherits the estate and who is entitled to administer it. This can lead to outcomes that may not reflect what the deceased would have wanted, which is why having a will is so important.
In most cases, the executors (or next of kin where there is no will) will need formal legal authority to deal with the estate. This usually takes the form of a Grant of Probate or Letters of Administration, known collectively as a Grant of Representation.
Probate is not always required. For example, it may not be needed where:
A solicitor can advise whether probate is necessary and guide you through the process if it is.
Inheritance tax may be payable depending on the value of the estate and the deceased’s circumstances. Certain lifetime gifts, jointly owned assets and interests in trusts can affect the calculation.
There are important exemptions and reliefs, including those for spouses, civil partners and charities, and for some business or agricultural assets. Legal advice can also be given on deeds of variation and other lawful methods to manage tax effectively, however we would suggest you speak with an inheritance tax expert.
To help things progress smoothly, it is useful to bring as much information as possible, including:
Occasionally, disagreements arise for example about the validity of a will, mental capacity, or claims made by disappointed beneficiaries. Where this happens, early legal advice can help resolve matters and ensure the estate is administered correctly.
Dealing with an estate after a death can feel daunting, especially when you are grieving. Our Probate Team is here to provide clear, practical guidance at every stage from understanding the will and applying for probate to handling tax, estate administration and any issues that arise.
If you would like support or simply want to understand your options, please contact us to arrange an initial discussion. We’re here to help you take the next step, at your pace.
To find out more about support with probate you can visit our Private Client Law pages. For expert advice on wills, power of attorney and probate, you can contact WSP Solicitors’ local offices, servicing the whole of Gloucestershire, including; Gloucester, Stroud, Cheltenham, Tewkesbury or the Forest of Dean, or use the enquiry form on this page to request a callback.
Contact our office
Get in touch