Wills, trusts, tax and probate
Why we should be talking about death and the steps to take
Death can be a scary topic and one that is not easy to talk about. However, the result of avoiding the topic can be a lack of clarity after losing a loved one and ultimately feeling lost. Our wills and probate experts explore the importance of discussing death, and the steps to take after losing someone.
Rarely is death, or the potential loss of a loved one, a cheerful and easy topic to discuss. It's one that makes many people very uncomfortable, having to think about someone they care about no longer being with them. In research Slater and Gordon conducted, we found that nearly half of UK adults do not feel comfortable discussing death and estate planning with loved ones. This data reveals that many people are not discussing what to do in the case of a loved one's death.
Having the important discussions about what to do when someone close to you passes can help ensure peoples wishes are understood and respected after their death. Conversations with clarity remove ambiguity during a time where you would be grieving. Loss is always a difficult time where emotions run high, but without open conversations about what comes after there is also an additional sense of stress.
How to begin a discussion about death
Often with difficult topics, knowing where to begin is the hardest part. Choosing a place where all parties feel safe and secure is always best if possible, and making it clear that this conversation is coming from a place of love and care.
Encouraging open and clear communication about a loved ones end of life wishes helps them to really consider what they consider more important, which will be different to every individual.
These types of conversations can include a range of subject matters; discussing everything from who the property is being left to, to funeral instructions and even something as specific as where they keep their passwords written down and who gets their book collection.
It is important to understand that this conversation will look different to everyone. Some people may be very open about their wishes, whilst some may be very uncomfortable with thinking about their own mortality. It is best to start slow and allow it to be a series of conversations if needed, rather than one intense conversation.
A few ways to start the conversation could include:
- Be open with your thoughts: perhaps sharing that you like the peace of mind these conversations bring, and that your loved ones know what you want.
- Asking open ended questions: this can include questions such as, ‘What parts of your will are most important to you and why?’ or ‘What are some of the things you’d want your loved ones to know if anything were to happen?’
- Share your concerns: calmly share that you know losing someone is always difficult and explain what your wishes are to help ease their stress during a difficult time.
Legal steps to take after a death
While death marks a pivotal life event, it also triggers important legal processes. It prompts a series of legal and administrative processes related to the deceased's estate and their will (if one exists). This is why it is important to know what you need to do if someone close to you has died.
The steps to take after a death include:
- Obtaining a death certificate: this is issued by a doctor or a coroner,
- Register the death: the death must be registered with the local registrar within 5 days, and you will need the death certificate to do this,
- Notify the government: This can be done using their ‘Tell us once’ system here,
- Notify other organisations that will need to know: Their employer, their bank, pension providers, utility companies, and insurance providers.
- Organise the funeral: This could involve cremation or a funeral service.
- Handle the deceased’s estate: This includes determining if there is a will, applying for probate if a will names an executor, and handling the estate according to these instructions, and sorting out any inheritance tax due. Applying for probate is a crucial step in managing a deceased person's estate. Probate is the legal right to deal with someone’s property, money and possessions when they die. After applying for probate, a grant of probate is the legal document giving the executor of a will, the authority to administer the estate of the deceased person. You may have to apply for a grant of probate if you are the named executor in someone's will. This document is only called a grant of probate if the person left a will. If they did not leave a will, a grant of letters of administration is used instead.
We are here to help
Having discussions around death can offer guidance and clarity of what to do at what is an emotionally charged time. For example, knowing whether there is a will or not can dictate whether you need to apply for probate or for letters of administration. However, even with these conversations, navigating losing a loved one can be incredibly difficult, so our solicitors are here to help. Our wills and probate experts have decades of experience supporting people through times like this and are on hand to offer specialist advice. Call us today on 0330 041 5869 or contact us online.
