The aftermath of a family bereavement is one of the most difficult situations that the average person faces in the course of their life. Unfortunately the reality of life is that an individual will have to deal with this situation on at least one occasion if not multiple times during the course of their life. Aside from the funeral and burial arrangements there are a number of legal processes that must be complied with in order to formally register the death of the loved one and fulfil the wishes expressed in the individual’s last will and testament.

Certificate of Death

The first piece of documentation that is required prior to proceeding with any other legal process is a certificate of death. This certificate should be obtained from the local registrar who will usually be situated within the local administrative town. The death of the loved one should be reported to the registrar within five days of the death. The certificate is death is required prior to any funeral, burial or cremation arrangements being put into action. It is also required prior to proceeding with the fulfilment of the individual’s last will and testament.

The Will

In order for the last will and testament of the individual to be fulfilled a family member must act as an executor which is a legal capacity with a great deal of responsibility. The primary role of the executor is to apply for a grant of probate from the probate registry. Once probate has been granted the family member is then legally able to access the estate of the deceased family member and distribute it in accord with the last will and testament. The executor is both responsible for the probate cost and for fulfilling the wishes of the deceased family member exactly.

However, in some instances the deceased individual may not have prepared a last will and testament. Under these circumstances a close family member should act as an administrator, having many of the same responsibilities as an executor. In this role the family member can apply for a grant of letters of administration from the probate registry in place of a grant of probate. As with probate, the letters of administration then give the administrator the legal authority to distribute the estate. The costs associated with acquiring the letters of administration are very similar to the probate cost.

Help From Professionals

Although they may not seem so at the time, the processes associated with legally dealing with the death of a loved one are relatively straightforward. However, the bereaved family members may seek the advice of a solicitor in order to provide assistance with legal matters but also reduce some of the burden upon the family. Solicitors can assist the family through every step of the legal process following the death of a family member. It is important to remember that a death must be registered within five days of the event and a certificate of death obtained prior to attempting to proceed any further.