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WHAT TO DO AFTER A DEATH IN SCOTLAND

PART I. FROM THE TIME OF DEATH TO THE FUNERAL

1. FIRST THINGS TO BE DONE

If death has occurred at home:

• Contact the family doctor ( see section 3).
• Contact the nearest relative.
• Contact the police if the death was violent, accidental, unexpected, if there are unusual circumstances or if the cause of death is not known. If the police are called, do not touch or move anything in the home ( see section 4).
• Contact the relevant minister of religion.
• If it was the wish of the dead person or their nearest relative that the body or organs should be donated for transplant or medical research purposes, the doctor will have to be contacted quickly so that the corneas (the front part of the tough outer shell of the eyeball) can be removed. Other organs cannot normally be used when death occurs at home, but the body can still be donated to medical science ( see section 6).
• Contact an undertaker who will arrange for the laying out of the body.
• Find out if there is a will, and if so, where it is and who is responsible for dealing with it ( see sections 10 and 11).

If death occurs in hospital:

The Charge Nurse or the police will tell the nearest relative and will arrange a convenient time for them to attend the hospital, when they may be asked to:

• Identify the body, if the person was not a patient of the hospital.
• Authorise a post mortem examination when clinicians want to hold one, although authorisation is not required when a post mortem examination is legally required ( see section 4).
• Provide either confirmation of the estate or receipt as beneficiary to allow them to take away any personal possessions.
• Tell the hospital staff if the person wished to donate their organs after death. It is more likely that hospital staff will approach the nearest relative if the circumstances are likely to favour organ donation. More details are given in section 2.
• Let the hospital staff know if the body is to be donated to medical science ( see section 6 for more information).
• Contact an undertaker who will arrange for the laying out of the body.
• Find out if there is a will, and if so, where it is and who is responsible for dealing with it ( see sections 10 and 11).
• Obtain a death certificate.

2. DONATIONS OF ORGANS FOR TRANSPLANTS

If the death happened in hospital, the staff may approach you about the possibility of organ donation for transplant purposes. All the major organs - kidneys, heart, lungs, liver and pancreas can be used in transplantation, so one donor can help several of the thousands of people on the waiting lists. A new organ will very often save a life. In other cases, it will free the recipient from long and painful treatments such as dialysis.

As organs for transplantation have to be removed very soon after death to improve the chances of successful outcomes, hospital staff have no option but to approach you in the very early stages of your bereavement. The approach will be made by a dedicated member of staff called a transplant co-ordinator, who is trained to discuss the subject in as sensitive a manner as possible. The transplant co-ordinator will want to establish first of all whether your relative had expressed a wish to donate their organs. This might have been in conversation during their last illness, or in writing, for example by carrying an organ donor card or by putting their name on the NHS Organ Donor Register. Where there is no such indication of your relative's views, the hospital staff will wish to check whether he or she expressed any objection to organ donation.

3. GETTING A MEDICAL CERTIFICATE

If death occurs at home

If death occurs during the night and is sudden and unexpected, the doctor should be notified at once, otherwise the doctor can be called in the morning.

The doctor will:
either issue a medical certificate of cause of death needed by the registrar, provided that there are no unusual circumstances. If the body is to be cremated, the doctor will arrange for the signature of the second doctor required to complete the cremation certificate. Doctors charge fees for providing cremation certificates;
or in a few cases, report the death to the Procurator Fiscal ( see section 4).

If death occurs in hospital

The hospital will:
either issue a medical certificate of cause of death needed by the registrar, provided the cause of death is quite clear. The hospital staff may ask you to consider the possibility of authorising a hospital post mortem examination, if they feel that would provide valuable information about your relative's final illness;
or in a few cases, report the death to the Procurator Fiscal ( see section 4).
Should you wish more information about hospital post-mortem examination, a leaflet is available from the hospital.
Note: If the actual time of death is not known, the doctor may estimate the time of death.

4. THE PROCURATOR FISCAL

The role of the Procurator Fiscal

The Procurator Fiscal has a duty to investigate all sudden, suspicious, accidental, unexpected and unexplained deaths and any death occurring in circumstances such as to give rise to serious public concern. This duty is separate from the Procurator Fiscal's role in the investigation and prosecution of crime. Where a death is reported, the Procurator Fiscal will investigate the circumstances of the death, attempt to find out the cause of the death and consider whether criminal proceedings or a Fatal Accident Inquiry is appropriate. In the majority of cases reported to the Procurator Fiscal early enquiries rule out suspicious circumstances and establish that the death was due to natural causes.

Deaths are usually brought to the attention of the Procurator Fiscal through reports from the police, the Registrar, GPs or hospital doctors. However, anyone who has concerns about the circumstances of a death can report it to the Procurator Fiscal. There are certain categories of deaths that must be enquired into, but the Procurator Fiscal may enquire into any death brought to his notice if he thinks it necessary to do so.

The first task for the Procurator Fiscal is to find out the cause of death. The police will provide full information about the circumstances of the death. They will normally interview relatives and others who can provide information about the circumstances of the death.

Post Mortem Examination

In some cases reported to the Procurator Fiscal it will be necessary to instruct a post mortem examination, for example, where no doctor is able to issue a death certificate or where criminal proceedings or a Fatal Accident Inquiry may be considered. The consent of the next of kin is not required where the post mortem examination is instructed by the Procurator Fiscal. The examination will be carried out as soon as possible, normally within a day or two of the death. If the sudden or unexplained death is that of an infant or child, the Procurator Fiscal may be more likely to ask for a post mortem examination. If there are any cultural, religious or other objections to a post mortem examination it is important to tell the Procurator Fiscal as soon as possible. There may be legal reasons why a post mortem is unavoidable, but where possible the wishes of the next of kin will be respected.

Further investigation

In most cases, the Procurator Fiscal's investigations are complete when the death certificate has been issued. However sometimes the Procurator Fiscal will require to carry out further investigations into the death, for example where there are suspicious circumstances or if it appears that the death may have been the result of suicide. The time necessary to investigate the death can vary considerably depending on the circumstances.

Victim Information and Advice

The Victim Information and Advice Service is a division of the Crown Office and Procurator Fiscal Service. One of its aims is to help bereaved relatives where the Procurator Fiscal is involved in investigating a death. The Victim Liaison Officer may contact you if there is to be a meeting with the Procurator Fiscal, or if criminal proceedings or a Fatal Accident Inquiry are being considered. They will assist you in dealing with the Procurator Fiscal by passing on any questions you may have. If you wish, they can also come with you to support you at any meeting with the Procurator Fiscal.

5. HOW TO REGISTER A DEATH

When?

The death must be registered within eight days by the Registrar of Births, Deaths and Marriages, but it is desirable to have the death registered as soon as possible. A death must be registered even if the body is to be taken outwith Scotland for interment. Registration of a death must also take place before cremation.

By whom?

The death may be registered by any relative, any person present at the death, the executor or other legal representative, the occupier of the premises where the death took place or, if there is no such person, any other person possessing the information needed for registration.

Where?

Deaths may be registered either by the registrar for the registration district in which the death took place or, if the person had lived elsewhere in Scotland, by the registrar for the registration district of the dead person's home address, whichever is more convenient.

Get the address of the Registrar of Births, Deaths and Marriages for the area from the undertaker, the telephone directory, the hospital or doctor or the Post Office; and then check when the registrar is available.

Take with you:

• Medical certificate of death ( see section 3).
• Any pension book, certificate or document relating to any pension or allowances which the person was receiving from public funds.
• NHS medical card, if available.
• The dead person's birth and marriage certificates, if available.

Tell the Registrar:

• Date, time and place of death.
• Full name, occupation and postal address of the dead person and his or her date and country of birth.
• If the person was married, widowed or divorced, the full name of the husband or wife and the occupation of the husband. If the person had been married more than once, details of previous spouses are also required.
• If the person was married at the date of death, the date of birth of the surviving widow or widower.
• The full name and occupation of the dead person's father, and the full name and maiden surname of his/her mother.
• Whether the person was in receipt of a pension or an allowance from public funds.
• The name and address of the person's NHS doctor.

The Registrar will give you:

• A Certificate of Registration of Death (form 14), to be given to the undertaker, so that the funeral can go ahead.
• A form 334/SI, "Registration or notification of death" for use in obtaining or adjusting Social Security Benefits or for National Insurance purposes.
• On payment of the appropriate fee, an extract of the entry recorded in the Register of Deaths. This may be required for pension, insurance, savings bank, premium bonds or other purposes.

If death occurs abroad:

Register the death according to the local regulations in the country and get a certificate of death.

Register the death with the British Consul, so that a record of the death will be kept in Scotland, and you will be able to get a copy later from the General Register Office for Scotland, New Register House, Edinburgh EH1 3YT, telephone: 0131 334 0380.

6. PLANNING THE FUNERAL

Do not make the final funeral arrangements until you are sure that the death does not have to be reported to the Procurator Fiscal, since this may affect the date when the funeral can be held. But you should start planning the funeral as soon as possible.

Pre-Paid funeral plans

A number of people now pre-arrange and pre-pay for their funerals by taking out a pre-paid funeral plan or funeral bond. These are different from insurance policies in that they do not pay a monetary amount on death but provide an entitlement, usually for a specific funeral director to carry out the funeral which has been paid for in advance.

Before contacting a funeral director or making any arrangements, check whether the person had a pre-paid funeral plan or bond. Look among personal papers at home or with relatives. If such a document exists then it is advisable to contact the plan or bond provider, who will give details as to which funeral director should be contacted.

Funeral director or undertaker

You can make arrangements for a funeral yourself, but most people go to a funeral director who can take over all the arrangements. Funeral directors are normally a most helpful support to the family.

You will need to decide:

• Where the body is to rest while awaiting the funeral.
• The time and place of the funeral.
• How much you intend to spend on the funeral.
• Whether to have a funeral service.
• Whether to have flowers, or to make any donations to a named charity.
• Whether to put a notice in the newspapers.
• Whether the body should be buried or cremated.

You may wish to obtain estimates from at least two funeral directors.

A funeral director who is a member of the National Association of Funeral Directors (NAFD) must give a full estimate when you first make enquiries. This estimate will include what is called a "basic simple funeral" as well as any additional services. Check when the bill will have to be paid.

A "basic simple funeral" will include a coffin, a hearse and one car. It will not include things like church or crematorium fees, flowers or newspaper notices. If you are not satisfied with the service you get, or the price you have to pay, the NAFD have a complaints and arbitration service which you can use.

Funeral service

If you wish to have a funeral service you should contact the minister of religion as soon as possible. Most ministers appreciate a personal approach by relatives and can be helpful in many ways. If you wish to have the services of a minister but do not know one in the area, most funeral directors will do their best to advise and in some cases arrange for one to officiate at the service.

If you would prefer to have a non-religious service at the funeral, you may be able to get help with this by contacting the Humanist Society of Scotland. The Society produces a leaflet describing its views and purposes and it can be contacted at the address given at Part V.

If death occurs abroad or in England, Wales or Northern Ireland

You can either arrange a local burial or cremation to avoid the expense of bringing the body back;

or bring the body back to Scotland once you have got the certificate of death and an authorisation for the removal of the body from the country of death from the appropriate authorities, and arrange a funeral in Scotland. For this you will need either an authenticated translation of a foreign death certificate or a death certificate issued in England, Wales or Northern Ireland, depending on the country of death.

7. CREMATION OR BURIAL

The decision on whether to have a cremation or a burial will depend on a number of factors such as the person's own wishes, the views of the executor, the wishes of the next of kin and the costs involved. It should be noted that any stated wish by the person who has died is not binding on the executors or the next of kin in deciding on the type of funeral. If a death has been reported to the Procurator Fiscal, he will usually allow the body of the deceased to be released for cremation or burial once the cause of death has been established. The Procurator Fiscal has to authorise the release of the body and written permission must be obtained before a cremation can be carried out. A form called an E1 is used and can be collected from the Procurator Fiscal's office. The undertaker will be in contact with the Procurator Fiscal and will be able to advise about when to make the funeral arrangements.

Cremation

No one can be cremated until the cause of death is definitely known. Four forms, from the funeral director or crematorium, have to be completed. They are:

• An application form signed by the next-of-kin or executor.
• Two cremation certificates signed by the family doctor and another doctor who will charge for this (there will also be charges for this even if death has occurred in a hospital).
• A third certificate signed by the medical referee at the crematorium who has power to refuse cremation, require a post-mortem examination or refer the matter to the Procurator Fiscal.

It should be noted that cremation cannot normally take place until the death has been registered and a certificate of registration of death issued by the registrar has been produced to the crematorium authorities.

If the death has been referred to the Procurator Fiscal, the two doctors' cremation certificates are not needed. The Procurator Fiscal will give a certificate for cremation.

If death occurred abroad (including the Isle of Man and the Channel Islands) and you want to arrange a cremation in Scotland, you will need to obtain an order from the Scottish Executive Health Department. To apply for this, take or send the documents which accompany the body - amongst which must be a death certificate or equivalent, in English, showing clearly the cause of death - together with the application form for cremation to the Scottish Executive Health Department, Public Health Division 1, St Andrew's House, Edinburgh EH1 3DG. Normally this procedure will be undertaken on your behalf by the funeral directors who are making the funeral arrangements. If death occurred in England, Wales or Northern Ireland the procedure to arrange a cremation is the same as that to be followed when the death occurred in Scotland.

The charges

Most crematoria are run by the Local Authority. The charges usually include the medical referee's fee and use of the chapel, and may include the chaplain's fee for a short service.

The ashes

Ashes can be scattered in a garden of remembrance, or a favourite spot chosen by the dead person, buried in a churchyard or cemetery or kept in an urn. It is important to make quite clear your wishes about the ashes. If no wishes have been expressed, it is the responsibility of the crematorium staff to contact the relatives before disposal. Arrangements can be made for the placing of a memorial plaque at the crematorium.

Burial

Find out if the person had already paid for a lair in a churchyard or cemetery, by checking the will ( see section 10) and looking through their papers for the necessary documents. You should give these to the funeral director. If not, you will have to buy one. Ask the funeral director how to arrange it.

8. HELP WITH THE FUNERAL

Normally the funeral is arranged by a member of the family or a close friend. This section explains what happens when there is no surviving family or friends available or they are not able to arrange the funeral. There are also other circumstances in which public authorities will help with or arrange a funeral. These are explained below.

When someone dies in hospital, a local authority home or in temporary accommodation

The funeral may be arranged by the NHS Board, NHS Trust or the Social Work Department of the Local Authority. Whichever authority arranges the funeral may claim on the deceased person's estate.
Ask at the hospital or the home.

In the event of a still-birth

The NHS Board may arrange and meet the cost of funerals of still-births occurring in hospitals or in the community under the NHS.

If no other arrangements can be made

The Local Authority has a duty to bury or cremate a dead person. It may also claim on the estate. Ask at your local Council office.

Funerals conducted by public authorities are conducted with dignity and respect and bear no resemblance to the "paupers' burials" of the past. Some local authorities prefer to carry out cremations rather than burials, but the wishes of the person or his/her relatives are normally respected.

9. PAYING FOR THE FUNERAL

Funerals can be expensive. Check where the money for the funeral will come from before finalising arrangements, otherwise, if there is not enough money available, you may have to bear the cost yourself. The cost can be met from the following:

The money and possessions left by the dead person

Reasonable funeral expenses take priority over other debts on the person's estate. The bank account may be frozen unless it is a joint account. You should ask the branch manager of the bank in which the account was held. The manager will be able to explain this further to you.

There are organisations who may release the money to you on the evidence of the death certificate if the overall value of the deceased's estate is small and there are no complications. Amongst these are the Department for National Savings and Building Societies.

In cases where a person with a building society account dies leaving a sum of money in the account not exceeding 5,000, the building society will pay such money to a person who can provide evidence of death and that the person claiming the amount is entitled to do so. This enables the release of money to a needy beneficiary without having to await a formal legal decision.

If the person had been living in hospital or a residential home, the body and possessions--up to a certain figure fixed by the relevant local authority--will be handed over to the nearest relative in exchange for a receipt or to a person with written authority from whoever is dealing with the will. Any belongings worth more than the figure cannot be released until confirmation has been obtained.

Funeral payments from the Social Fund

You may be able to get help if you or your partner are receiving one of the following benefits: Income Support, income-based Jobseeker's Allowance, Working Families Tax Credit, Housing Benefit, Council Tax Benefit, Disabled Persons Tax Credit; and it must be reasonable for you to have taken responsibility for the funeral expenses. This will usually mean that you were the partner of the deceased, or if they had no partner, you were a close relative or friend of the deceased. You may be asked about the financial circumstances of any parent, son or daughter of the deceased. You may also be asked about the financial circumstances of the deceased's other close relatives. The person who died must have been ordinarily resident in the United Kingdom at the date of death, and the funeral must normally take place in the United Kingdom. (You may be able to get a Funeral Payment if the funeral takes place outside the United Kingdom, but you should check with your local Social Security office, as this will depend on the circumstances.)

A Funeral Payment covers the costs of a simple respectful low cost funeral and will pay the necessary burial or cremation costs and up to 600 for other funeral expenses. (You may not be entitled to a payment if expenses have been met by a pre-paid funeral plan.) If you get a Funeral Payment, it will have to be paid back from any estate of the person who died.

To claim, complete form SF200 "Funeral payment from the Social Fund", available from your local Social Security office. You must claim within three months of the date of the funeral. For more information, get leaflets SB16 "A Guide to the Social Fund" and SFL2 "How the Social Fund can help you" from your local Social Security office.

War pensioners' funeral expenses

If the person was a war pensioner the Veterans Agency will pay for a basic funeral if the war pensioner died from a disablement for which he or she was entitled to a pension, or was receiving in-patient treatment for this disablement, or if the war pensioner was entitled to Constant Attendance Allowance.

A cash sum or pension

These may be paid by the dead person's employer or trade union, professional body or other association.

Insurance policies of the dead person

Tell the insurance company as soon as possible. They will tell you exactly what documents they need before they can meet a claim for insurance. You should make certain that a receipt is obtained when rendering insurance policies. You should also check carefully the amount due to be paid before signing for any money. It is also advisable to make sure that all policies are still in force and what their true values are before committing yourself to funeral costs.

A tax refund

A refund may be payable if the person was paying tax. Contact the Inland Revenue to find out if a refund is due.

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