There’s not much anybody can do when it comes to winding up a deceased estate, without a valid death certificate in the UK. On the surface, it’s quite easy to order one after registering on the General Register Office website. They also supply copies of birth, adoption, marriage or civil partnership certificates in England and Wales in case you’re interested.
But what happens is there is no death certificate registered with them? The poor executor of the estate finds themselves in a log jam unable to do anything legally. Meanwhile relatives, creditors and other interested parties keep demanding action. We investigate how death certificates work in England and Wales, and discover it is quite a story!
The Secret Life of a Death Certificate
A certificate of the date and causes of death of a deceased person performs several roles. However, its primary purpose is to enable an immediate family member or friend to register the death. They should aim to do so within five days, so at least they can get on with disposing of the body. It’s also a legal requirement.
The certifying doctor should have attended to the deceased during their terminal illness, or have verified knowledge of the cause of death otherwise. They must scan their certificate to the relevant register office as soon as possible, and inform the next of kin. The only exception to the rule is if there is to be a coroner’s post-mortem or inquest.
The next of kin can then apply to the General Register Office for an official copy of the death certificate. This will open the door for the executor to obtain official permission to liaise with creditors, and arrange disposal of the body. Blood relatives may also find the cause of death useful input, when assessing their own long-term health prospects.
The Role of the Coroner in These Matters
A coroner provides a specialized service by investigating deaths where the causes are unexplained, or the person’s identity is unknown. They also become involved in cases where there is no doctor available with sufficient knowledge of the cause(s) of death, or one who saw, or communicated with the patient during their final 28 days.
In such cases the registrar has no option but to refer the matter to the local coroner, who will use all available information to reach the most logical conclusion. They may use input from doctors and next of kin in this regard for example.
It’s worth noting here that doctors have a duty to report deaths to the coroner, in the event that one or more of the following applies:
- Deaths that may be unnatural, unknown, or violent, or where the death occurred in custody or otherwise in state detention.
- Deaths that may be due to a treatment or procedure of a medical or similar nature, such as during an operation, or under anaesthetic.
In such instances the coroner may recommend the doctor delay issuing a death certificate until they have completed their investigation. This is turn puts disposal of the body, and settlement of any debts on hold. At this stage, the coroner is in full control of what happens next.
They may, for example decide they have no valid concerns, close the case, and allow a doctor to issue a medical certificate of cause of death (MCCD). However, they are equally entitled to order a medical autopsy, or tests.
Guidelines for Doctors Issuing a Death Certificate
Doctors certify causes of death to the best of their knowledge, although they should not allow pressures from next of kin to hasten their conclusion. They may add a note to the death certificate to the effect information from a post-mortem autopsy may follow. This might be appropriate where COVID-19 could turn out to be the root cause.
Doctors should moreover start with the immediate cause of death, and then work backwards in their minds to consider the sequence of events that led up to it.
Such underlying causes are of great importance to public researchers taking a broader view. And perhaps hoping to reduce the premature death rates from communicable diseases in England and Wales.
Death Certificates and Avery’s Line of Business
Clients often approach us with a request to clear a recently deceased person’s home of their personal effects, and advise how best to dispose of them. While we fully understand the need may be urgent, we wrote this post to explain why we cannot do so without a certificate of the cause of death, and how there can be delays owing to the system regulating the process.
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