Register a Death in Hackney and death and help with Probate

Dealing with a death in Hackney: registration, funeral and probate.

This is what you need to know when dealing with a death locally. It can be a daunting task, but our printable list of what to do and who to contact should make it much easier and avoid the legal jungles some folk land themselves in. many people will be able to manage the Probate side without professional help, but we can introduce you to tailored services should you need help – just call 03 300 102 300 or use the form at the foot of the page. At the time of writing, the Hackney Probate Registry is closed (unlike Hackney Registrar of Births Deaths and Marriages – se below) to the public and any executor who has already submitted probate applications should ring 0300 303 0648. See Probate delays.   

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• I have tried to cover the essentials on this page for other useful information and tips, try here or use the search facility. If that fails to find what you are looking for, let me know.
• Have an organisation/ business which should be listed? See the foot of this page CLICK.

 

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A Medical Certificate of Cause of Death (MCCD or Green Form))

Delaying this will delay other things, if the death was in hospital, they may well provide it. If not, notify the deceased’s doctor and request the MCCD. If they haven’t seen the deceased within 4 weeks, or if the death was sudden they may refer it to the coroner, which may mean the funeral is delayed. If the death is sudden and unexpected you should contact the Police non-emergency service on 101 to be on the safe side, and always the deceased’s doctor.

Who to Notify of a Death in Hackney.

One of the most important steps after someone dies is to inform their next of kin. This should be done as soon as possible, and all dependents/family members should also be informed. Ideally, a list should be in place long before: create a plan that outlines who you want to contact, how you want them to be contacted, what details need to be shared and when you will contact them. It may also help to create a physical list or a form with all the necessary details in case further discussions come up while informing people. The address book is the obvious place to look, though these days that might be computerised. Some families organise viewings of the body, but I would suggest these are restricted to adults (personal experience.)The executor should arrange to secure any valuables if the property is no longer occupied – we would recommend photographing everything before removing it.

 

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The next step is usually to appoint a Hackney undertaker to collect the deceased part 1 HOWEVER…

a) Thousands of pounds can be wasted if there was a prepaid funeral plan and the wrong funeral director is used.                       Find a funeral plan.b) If the death in Hackney has been referred to the local Coroner, you will need their agreement to move the deceased as they may wish to examine the body.  Hackney Coroner is at 020 7332 1598  Coroner’s Office 4th Floor Central Criminal Court Old Bailey London EC4M 7EHand speak to one of the Coroners’s Officers if this is the case. co*****@**************ov.uk2c)  Getting the body removed is less critical if they died in a hospital, as they can normally be kept in the morgue.If the deceased lived in a care home, they will carry on charging fees (often over £1000 a week) until both the deceased and their possessions have been removed. Other residents do find it uncomfortable. A list of some of the Funeral Director Hackney appears at 12) below.Technically, appointing the funeral director is the job of the executor, so they should be involved if at all possible.  The person who appoints the funeral director can be held liable for the costs if the estate does not pay.TIP: banks, if asked in advance, will pay out funds to the funeral director if invoiced direct.  They will NOT release funds to reimburse the executor or family if they pay direct: they will have to wait until probate is granted (assuming it is needed) and claim as creditors.

Government help with bereavement.

Register a Death in Hackney with the Registrar of Births, Deaths and Marriages within 5 days:

Once it’s been established who should register the death, the next step is to contact the Hackney Registrar of Births, Deaths and Marriages if the person died in Hackney. You can register the death elsewhere, but the death certificate will always be issued where the deceased died, so there will be an additional delay. Registration is needed so that a certificate can be issued and used for important matters such as applying for probate and sorting out any property that was owned by the deceased. You’ll need to provide some personal details, such as their full name, date and place of birth, home address and whether they were married or not. The Registrar will also need to know where, when and how the death happened. What the Registrar needs to know (PDF download).NB – the 5 days is NOT 5 working days, but a strict 5 days. Call the Registrar if this is a problem as it is a criminal offence, unless the Coroner is delaying things.We recommend taking advantage of the Hackney Registrars’ “Tell Us Once” service which will notify many official departments of the death and save time.

Hackney Register Office – where to register a death in Hackney

 Hackney Registrar of Births, Deaths and MarriagesHackney Service Centre 1 Hillman Street E8 1DY 020 8356 3355 re********@*********ov.ukOffice Hours to register a death in Hackney: Mon to Fri: 9 am – 5 pm. Appointment times: Mon: 10 am – 3.30 pm, Tue to Fri: 9.30 am to 3.30 pm. Sat am, by appointment only. SUN emergency death service 9 am – 10.30 am.

Find the Will, if there is one.

How to find a Will

The executor appointed in the Will is responsible for everything and should authorise anyone wishing to take anything, as it may not be allowed by the Will. If there is no Will, then the next of kin can act as Administrator (essentially the same as executor). The next of kin is NOT a common-law spouse, who is in a complex situation and should take advice. Be very careful with potentially valuable items as their value needs to be established.

Use the form below if you would like an emailed copy of our Guide to Probate.

If professional help is needed, please contact The Probate Department (brokers) and we will find suitable help at a sensible cost (see the form at the foot).

Be aware that lay executors cannot charge for their time, but they can recover any money they have paid out of the estate and perhaps mileage and post costs – keep records.  One executor decided they needed a car to carry out their duties, which was considered quite unacceptable by the court, so be prudent. Professional help can be reimbursed by the estate before distribution.Some executors refuse to give copies of the Will to beneficiaries: it is my personal opinion that this makes people suspicious and may well need to quite unnecessary legal action.

No Will? Then the Rules of Intestacy apply.

Then the next of kin can apply for probate if necessary, but they are called Administrators rather than Executors and who inherits is decided by the Law rather than the deceased or the family and disputes are even more likely, with dependants who are not legally family (such as common law spouses) may have to go to Court to obtain anything.

WARNING: some executors or administrators think they can do whatever they think is best with the proceeds and ignore the Will or Rules of Intestacy. This is not so, and unless done in a legal fashion is potentially THEFT. They must do what the Will dictates, or follow the Rules of Intestacy. It is potentially possible to make changes via a Deed of Variation, but only if any beneficiary losing out is of sound mind and over 18. In that case, Court approval will be needed. We can point you at relatively inexpensive advice.

DANGER: We strongly suggest contacting us to find a competent and relatively inexpensive probate professional if:

1. The person responsible does not have the necessary administrative skills.
2. Inheritance Tax may be payable OR
3. If there may be a probate dispute – I have seen so many families fall out over Wills, and it can often be prevented if they blame a probate professional!
4. If there are Trusts involved (whether in the Will or not) 0r overseas assets.
5. If there have been significant gifts made by the deceased within the last 7 years (sometimes 14). If these gifts are added back into the estate, might IHT be payable or increased?
6. If the deceased’s home has previously been transferred to anyone else but they carried on living in it.

Their services can range from just checking the forms to doing the whole thing, and we can usually save a great deal of money, often well over half.

Arrange a Funeral in Hackney. Part 2.

Now it’s time to arrange a funeral in Hackney. This is typically done by the family or (officially) the executor of the deceased, though you can appoint a professional funeral director to take care of this for you. You’ll need to decide on the type of service and burial or cremation, any special requests and who will be invited. You may also wish to contact newspapers or websites if you’re planning a public service. It’s important to keep track of your costs as they can be claimed back from the estate later.If you are not sure if the deceased left any funeral wishes, they are sometimes in the Will.There is a list of cemeteries and crematoria below the enquiry form.

The Executor should Secure the Deceased’s Property and Possessions after a death in Hackney.

After the funeral and burial or cremation is complete, it’s time for the executor/s to start dealing with the deceased’s property and possessions.

• If their property is no longer occupied, the insurance of both buildings and contents needs review, contact the insurers as claims on empty properties may not be paid. More on insurance for empty properties.
• You should also consider changing the locks as no one knows who has keys. If it is rented, with the landlords’ permission or arrange for it to be valued and cleared quickly to reduce the rent payable..
• Secure any valuables if not already done – we would recommend photographing everything before removing it.
• Tracking down any assets that have been left in a will, administering or arrange to be set up any trusts set up before death,
• You’ll need to contact banks, insurers, mortgage lenders and other companies if applicable.  You will need to establish date of death values for both assets and liabilities. HMRC must be informed of the death to ensure they deal with any relevant tax issues, but if the Tell Us Once Service was used, they will be aware..
• If Inheritance Tax is a possibility, we would strongly recommend that you contact us so we can find you a suitable adviser as things can get very complex. For example, and gifts made within the last 7 years may be pulled back into the estate before tax is calculated.
• Where there may be debts, it would be prudent to advertise the death in the approved fashion in the local paper and Gazette to avoid creditors suing the executor.  If there is a business too, you may need to advertise in Trade papers as well.
• Unclaimed assets – many people have privatisation shares and other accounts which they have forgotten about so it is wise to check for unclaimed assets.
• BE VERY CAREFUL ABOUT WHAT YOU THROW AWAY!

Independent Financial Advisers.

It is also probable that you would benefit from the services of a genuinely Independent Financial Adviser local to you, both personally or during the course of the probate and estate administration.

Organise Financial Affairs with Banks, Insurance Companies and HMRC.

It is important to contact banks, insurance companies and HMRC as soon as possible after a person has passed away. This means organising financial affairs and dealing with any debts that may be outstanding.  For all assets or liabilities you will need a date of death balance, including any interest accrued but not yet added, so the executor might as well ask for it immediately. Obtaining probate (a legal document often required when administering an estate) can also help gain access to certain accounts. If inheritance tax is owed, it must be paid BEFORE probate is granted either from the estate or from the beneficiary’s own resources before inheriting or by way of a probate loan. If there is money in the bank or National Savings, then you may be able to arrange for them to pay towards the IHT before probate is granted.

Paying IHT        Is Probate Needed?        Are you entitled to Bereaved Parents Benefit? May apply to unmarried couples too – check.

Applying for Probate in Hackney or Letters of Administration.

Probate is not always required, but the executor should keep careful notes of all assets and liabilities, partly as they have to account to the residuary beneficiaries, and partly as one item may turn up later which cannot be released without a Grant of Probate/ Letters of Administration and if you have not kept the notes, you may have to do everything again!Forms to apply for probate can be obtained by calling 0300 123 1072 or 0117 930 2430. Whilst our site helps with DIY Probate, there are circumstances where we recommend you contact us to be introduced to a suitable probate adviser who can provide the level of help you need, from just checking the forms to doing everything.These steps could well be of benefit to both Executors and Beneficiaries:

• If not already done, at this stage it is wise to open an executor’s account with a bank, as allegations of all sorts can arise if you pay any funds into your bank account.
• Putting a notice in The Gazette to ensure that there is protection against unknown creditors.
• Searching for unknown assets such as privatisation shares, paid-up insurance policies (some insurance policies require no further payments after a certain age, so there may be no evidence of them on bank statements) etc.

Estate Administration

Once you have the Grant or Letters of administration (and you will need more copies than you expect) then you can gather in the assets, pay any outstanding debts, pay out the specific legacies such as £1000 or the mantle clock, get the estate accounts agreed by the residuary beneficiaries (they are the ones who get a proportion of the estate) and right at the end, once they have all agreed to the accounts, you can pay them.  You do need to be certain none of the beneficiaries are bankrupt, and if you fail to do so, the Trustee in Bankruptcy may come after you as the funds should have been given to the Trustee.All paperwork should be kept for six years.If you are looking for professional help or assistance with Probate in Hackney, please call us on 03 300 102 300 or use the form below, and we will find you some economical help.

Enquiry Form

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Cemeteries and crematoria in Hackney

 Islington and Hackney Cemetery Services (ICCS), 278 High Road, East Finchley, London N2 9AG  020 7527 8300   ic**@***********ov.uk.