Guides & Advice

What to do when someone dies

We know it can be an extremely emotional and distressing time when someone dies. It can be difficult to know exactly what you need to do and where to start. 

Here we outline the practical things that you will need to do following someone’s death: 

1. Register the death

Registering the death is one of the first things you will need to do. In England and Wales this needs to be done within five days of the death itself (or within eight days if in in Scotland), unless an inquest and/or post mortem is necessary. The death will need to be registered at the registry office in the area in which the death occurred – you can find the nearest office on the gov.uk website.  

Once you have registered the death, you will be issued with registrar copies of the death certificate. We recommend you purchase as many copies of the death certificate that you think you will need at this stage.  

You will need to register the death before a funeral can take place. 

2. Inform family and friends of the death

Telling people about a death can be emotionally tiring, especially if you choose to tell them in person. You can place an obituary in the local paper. 

After informing family and friends you will also need to contact any other relevant organisations, such as the deceased’s bank or other financial providers. For anything relating to government services (such as their state pension, local council benefits, passport and driving licence) you can use the government’s Tell Us Once service, which lets you report a death to most government organisations in one go. The registrar will provide you with the details of the Tell Us Once service when you register the death. 

3. Make the funeral arrangements

If you are aware of any of the deceased’s wishes in this regard, follow them as best you can. They may have discussed these with you before they died or may have outlined specific instructions, such as whether they wanted a burial or cremation, in their will. They may have a prepaid funeral plan. 

4. Secure the deceased’s property

If the deceased owned a property, which is now unoccupied, ensure it is secured. More importantly, ensure it is also adequately insured - the deceased’s insurer must be notified of their death and be advised if the property is unoccupied. You may also want to ensure the main services (gas, electric, water, etc.) are safe, and have mail delivery stopped or re-directed if necessary.  

5. Establish the whereabouts of any current will

If you’re aware that the deceased made a will then you will need to obtain a copy of this to confirm who the named executors are. 

If there is no will, or there is no valid appointment of an executor, then you may be able to administer the estate as an administrator. By default, is there is no will in place then the intestacy rules will applyA solicitor will be able to advise you about this.  

Read more about the importance of making a will in ensuring assets pass into the right hands. 

6. Gather information that will help you with administering the estate

Generally, you will need a solicitor to help you with the administration of the deceased’s estate. They will help with things such as obtaining the Grant of Representation (probate), calculating any tax liabilities, and ultimately, distributing the estate to the correct beneficiaries.  

Read more about the process of administering an estate. 

It is the executor’s responsibility to ensure that the solicitor has all the information and documentation they will need. As a starting point, we suggest gathering the following information: 

  • Certified copies of the death certificate (more than one if possible); 
  • A copy of the will (if there is one); 
  • The original house deeds (if the deceased owned a house or details of the lender if the property is mortgaged); 
  • Bank statements and building society passbooks (including details of any joint accounts); 
  • Details of any PEPs, ISAs and stocks and shares (including the share certificates); 
  • Life assurance policies; 
  • Names and addresses of the deceased’s accountant, stockbroker and/or financial advisor (if any); 
  • Car insurance details (if you are insured to drive the car under the deceased’s name you will cease to be legally insured); 
  • Household insurance details (buildings and contents); 
  • Department for Work and Pension benefit details; 
  • Utility details - gas, electric, water, telephone, internet and council tax; 
  • Details of the deceased’s employer and/or occupational pension(s); 
  • HM Revenue & Customs papers to settle the deceased’s tax affairs up to the date of death (if appropriate); 
  • Details of any foreign assets (e.g. time-share properties or bank accounts held in the Channel Islands); and 
  • Details of any property held jointly by the deceased and any other person. 
We will support you and guide you through the complex process

When a loved one dies you’ll understandably want to focus and spend time with your family and friends. Therefore, our private client lawyers will remove some of the stresses associated with administering an estate and will, and be on hand to guide and help you with dealing with the practical and tax implications. 

We are here to help – no matter when and how long you need us. Speak to a member of your local private client team to discuss how we can support you. We can also check if we have ever prepared a will for the deceased. 

How can we help?

Our expert lawyers are ready to help you with a wide range of legal services, use the search below or call us on: 0330 024 0333

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Guides & Advice

The importance of a Lasting Power of Attorney

Broadcaster Kate Garraway is just one of many experiencing the devastating effects of COVID-19, with her husband Derek continuing to face a year-long battle in hospital. In addition, this has been complicated further for Kate by the lack of legal protection in place.

In her recent documentary, Kate opened up about the financial struggles she was facing as a result of the absence of a Lasting Power of Attorney (LPA). As Derek was named on many of the household bills and insurance policies, Kate has been unable to manage her husband’s care or refinance her mortgage.

Unfortunately, this is not an uncommon situation. While many people think to put a will in place, which takes legal effect after the will-maker dies, LPAs can sometimes be forgotten.

What is a Lasting Power of Attorney?

An LPA is a powerful document that is prepared in advance and is invoked when an individual loses mental capacity as a result of an accident or an illness. Having one prepared safeguards personal wishes and, most importantly, allows a trusted family member or friend to make important decisions on the donor’s behalf.

Secondly, an LPA for financial affairs can also be used if a donor requires temporary assistance with financial or property affairs in their absence, such as a spell in hospital or a stay abroad.

As an LPA is a sensitive and complex document that lasts for the entire lifetime of the donor, it is best to seek the help of a professional when writing one, and ensure that this is kept under regular review.

What is the role of a Lasting Power of Attorney?

Anyone who agrees to act as an attorney for an individual needs to fully understand the role and what their role and duties will be. Our handy blog sets out guidance for attorneys acting under a lasting power of attorney.

When should I arrange Lasting Powers of Attorney?

Regardless of health, everyone should consider LPAs. These can be written for anyone from the age of 18 and typically take eight to 10 weeks to process. Accidents and illness can affect people of all ages and backgrounds, so it is advisable not to leave this exercise until you begin to feel unwell or mental capacity starts to become an issue.

What are the types of Lasting Power of Attorney?

There are two types of LPA; one for property and financial affairs, and another for health and welfare. If required, different attorneys can be appointed for each and in the event something happens to an attorney, a replacement can be appointed.

Although these are separate documents, it is highly recommended that the two are prepared and registered at the same time to ensure that any necessary decisions can be taken by the donor’s family, and to ensure that all assets are accessible.

Read more frequently asked questions on powers of attorney.

The consequences of not having a Lasting Power of Attorney

In the event the donor loses mental capacity, and does not have an LPA in place, loved ones will be required to apply for the right to manage their financial and health affairs through the court. Consequently, taking this matter to court can often be a lengthy and costly process.

Therefore, setting up an LPA whilst capacity is present can prevent loved ones from additional stress during a difficult time.

How we can help you

A devastating accident or illness can happen to anyone. Having an LPA in place can provide peace of mind that in the event that mental capacity is lost, your personal wishes will be carried out and fulfilled by those you trust.

We can advise and support you with creating your lasting powers of attorney. Learn more about the process by getting in touch with our private client team, and we’ll arrange a free call back at a time to suit you.

Our private client team is ranked as a Top Tier Firm in the Legal 500 2021 edition.

Our updated guide to recovery and resilience covers everything you need to navigate your way out of lockdown, unlock your potential and make way for a brighter future. Further advice in relation to COVID-19 can be found on our dedicated coronavirus resource hub.  

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Guides & Advice

Court of Protection | A guide to deputyship orders

What is a deputyship order?

A deputyship order can be issued if a person, known as the ‘client’, lacks sufficient mental capacity to manage their own health, welfare, financial or affairs. 

There are two types of deputyship:  

  • Property and financial affairs deputyship 
  • Personal welfare deputyship 

property and financial affairs deputyship is the most common. The Court of Protection may appoint a deputy to manage the client’s financial affairs on their behalf. The deputy can make financial decisions for the client, but must always do so in the client’s best interests. 

It is unusual for the Court to appoint a personal welfare deputy – instead it is more common for the Court to make issue-specific orders authorising another person to make individual decisions on behalf of the client. 

Why set up a deputyship?

financial deputyship will be needed if a client lacks sufficient mental capacity to manage their own financial affairs, has assets that need to be administered, or financial decisions that need to be made -  and has not previously executed a valid power of attorney.  

What is the difference between a deputyship order and a lasting power of attorney?

Ultimately the Court of Protection decides if someone lacks mental capacity, after considering the medical and other evidence submitted as part of the application for the appointment of a deputy. The solicitor dealing with the application will obtain medical evidence from a suitably qualified mental health professional. 

Who can apply to be a deputy?

A deputyship order and a lasting power of attorney both allow an appointed person, or persons, to make decisions on behalf of someone who lacks mental capacity.

However, the main difference is that a lasting power of attorney is made by the client before they lose their mental capacity, so they’re able to decide and appoint their own attorney(s). Read more about powers of attorney.

If that individual did not make a lasting power of attorney before they lost their mental capacity, then an application can be made by someone else to become their deputy and manage the client’s affairs on their behalf.

The role of the deputy

In most cases, a spouse, partner or close family member will apply to become the deputy, although they must be over the age of 18.   

When making the application to be appointed as a deputy, any criminal convictions or bankruptcy or insolvency issues must be declared to the Court of Protection, and this could lead to the Court refusing the application.  

Where no one is willing to make an application, or there is no one suitable to act as deputy for the client who lacks mental capacity, then a professional deputy can be appointed by the Court. 

If the assets of the client are substantial in value, or are complex, then it may be necessary for a professional deputy to be appointed.  

It is possible for more than one deputy to be appointed. This can be either: 

  • together (‘joint deputyship’), which means all the deputies have to agree on the decision; or 
  • separately or together (‘jointly and severally’), which means deputies can make decisions on their own or with other deputies. 

Acting as a deputy can be onerous and time-consumingtherefore it’s important to understand the role and the duties of being a deputy. 

What are the duties of a deputy?

Property and financial affairs 

A property and financial deputy looks after the client’s financial affairs, including paying bills and operating bank accounts, making and changing investments and making financial decisions on behalf of the client - but always in the client’s best interests 

This type of deputy can do most of the things the client can dosuch as sell the client’s house if authorised in the court order (or otherwise with the Court’s permission) on the client’s behalf.  

A deputy cannot: 

  • make a will or change the client’s existing will 
  • make substantial gifts on the client’s behalf (unless a specific court order authorises this);  
  • hold any money or property in their own name on the client’s behalf 

Any major decisions, unless duly authorised in the court order, need the Court’s specific permission.  

property and financial deputy must keep a record of all payments and keep copies of receipts for all payments. 

Every year, the financial deputy has to provide an annual report to the Court. This gives the Court information on decisions that the deputy has made on the client’s behalf, and also provides full financial accounts for the Court to approve. Where the deputy is a professional person, details of the fees charged during the deputyship year and a best estimate of the fees to be charged for the year ahead will also be included. 

Personal welfare 

The role of a welfare deputy will depend on the authority that the Court has given to the deputy. For example, there could be an order in place allowing the deputy to give consent to certain specific medical treatment, or to decide where the client lives. 

Who decides if someone lacks mental capacity?

The Mental Capacity Act 2005 sets out a Deputy’s duties. Read more about the responsibilities of a deputy on the gov.uk website. 

Essentially, the deputy must ensure that he or she acts in the best interests of the person who lacks mental capacity, in the case of each decision made, and demonstrate that the client lacks sufficient mental capacity to make that decision. A financial deputy has a duty to keep accounts and to keep the clients money and property entirely separate from their own finances. 

The deputy can only make decisions if authorised by the deputyship order, and must have regard to all relevant guidance in the Office of the Public Guardian’s Code of Practice. The Code of Practice provides guidance information on the Mental Capacity Act and how it works in practice. 

Are deputies supervised?

The Office of the Public Guardian assesses the suitability of each deputy to act on an ongoing basis, and applies an appropriate level of supervision to each deputy. There are four levels, ranging from close supervision to a light touch supervision. Read more about supervision and support. 

Before being appointed, a financial deputy will need to take out an indemnity bond with a bank or insurance company, on the basis of a financial level determined by the Court (in case of any financial loss being sustained by the client as a result of the deputy’s actions or omissions). This will need to be renewed annually by the deputy. 

How long does it take to appoint a deputy?

Once the application has been sent to the Court, it usually takes at least three months for someone to be appointed as a deputy. There can be delays prior to sending in the application to the Court, as obtaining suitable and appropriate medical evidence can sometimes take a long time to obtain,  depending on the medical or suitably-qualified mental health practitioner involved. 

How to apply to be a deputy?

To apply to become a deputy, an application must be submitted to the Court of Protection. The Court of Protection then assesses the suitability of each deputy to act from the information provided on the application form. 

The application process involves supplying a lot of detailed information about the client’s personal financial, and other, circumstances. It also involves notifying certain people about the application. 

How much does a deputyship order cost?

An application fee of £365 is payable to the Court of Protection at the time that the application is submitted. 

Other fees payable include an annual supervision fee, which is payable to the Office of the Public Guardian. The fee is calculated by reference to the level of supervision required and the level of the client’s income. 

Helping you to set up support for years to come

We appreciate it can be difficult when someone you know loses the ability to make considered decisions for themselves. 

Should you wish to manage someone’s affairs on their behalf, our team will advise you of your options and guide you through the process of applying to be appointed as a deputy, including preparing the deputyship application papers and liaising with the Court of Protection regarding your application. 

We often engage with newly appointed deputies to assist and support them with their responsibilities, and continue to do this for many years, building strong relationships with them and the person in their care. 

If required, walso have appropriately skilled, experience and qualified experts who can act as a professional deputyfor example, if there is no other appropriate person to act in this capacity, if the value of the assets are substantial or the affairs and property are complex, or where a lay deputy being appointed would not be appropriate (such as if there is a family rift or dispute).   

If you think you are ready to see how this process could work for you, you can make a first confidential enquiry by clicking on the button below. 

To take that first step in the process of becoming a deputy, speak to a member of our local private client team. 

How can we help?

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How can I protect my assets?

Wills clearly have an important role in estate planning on death, but often the best inheritance tax planning opportunities are those effected during one’s lifetime.

Whilst stock markets are tumbling, property prices falling and businesses of all sizes are facing uncertain futures, it’s reasonable for people to sit tight and be hesitant to part with their wealth. However, ironically, some of the best tax saving opportunities can be found and achieved in a falling market.

So how can I reduce my tax liabilities?

Capital gains tax (CGT) often prohibits the direct gifting of assets to individuals.  However, if the value of an asset decreases in a falling market, then so does the impact of capital gains tax on the gift – this is because the tax is based on the gain that’s been made on that asset, and not on the value received. This is often overlooked by individuals, who only recognise the potential implications for inheritance tax and not those for capital gains tax.

Gifting assets into a certain trust can potentially mitigate an immediate charge to CGT on the person making the gift, deferring it into the hands of the trustees of the trust, often giving them time to plan/minimise the future crystallisation of such a gain.

A decrease in the value of assets could also mean that more assets can be placed into a trust before any inheritance tax is triggered – so a double tax-saving opportunity.

We understand it’s a difficult time

We know that looking after the wealth you have accumulated during your life really matters, so we want to help you and your family to make the most of it. Whilst it’s currently a time of uncertainty for many, there are plenty of opportunities out there for effective wealth planning that will make a real difference,

Contact a member of your local private client team to help guide you through the process.

For advice or guidance on any other legal issue, a member of our team can help – please click here to discuss.

For more general advice in relation to coronavirus visit our dedicated resource hub.

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