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What to do when someone dies in Scotland

The aftermath of the death of a loved one is often an overwhelming time for the family. Knowing the steps to take during this time is important, and our expert solicitors are on hand to give advice at every stage. After someone dies, the process which must be followed usually has to happen quite quickly, so contacting a solicitor for support and guidance during this time can offer much needed peace of mind.

Register the death

Before a death can be formally registered, either the hospital or the deceased’s GP (if they died at home) must issue a Form 11 (known as a medical certificate of death). This is a fairly straightforward process, only complicated if the circumstances of the death are unusual in any way. If this is the case, the Procurator Fiscal may have to investigate the death prior to the Form 11 being issued. The doctor should also be notified immediately if the deceased wishes to be an organ donor. If you have any questions about any of the above process, please do not hesitate to give Freelands Solicitors a call.

When the death certificate has been issued, a relative, spouse or the executor of the Will can go on to register the death with the Registrar of Births, Deaths and Marriages. This process must be completed within eight days of the death, in the district in which the deceased lived or passed away. This can be arranged by making an appointment with the Registrar’s Office in the appropriate district. If no relatives, nor the Executor, live in the immediate area, please contact our expert team for advice.

The Funeral

Before making arrangements, the family and/or Executor should check the Will (if there is one) and any other paperwork to establish whether or not the deceased left any funeral instructions. The funeral planning should begin as soon as possible, once the certificate of death has been issued. At this time, it is advisable to contact a Funeral Director, who can help make this process as straightforward as possible for the family, during this often stressful time.

The Will

Once the death has been registered, it is important to establish whether or not an up to date Will has been left behind. If there is, the Executor should be contacted immediately to begin proceedings. If no Will can be found, it is advisable to contact the deceased’s solicitor. To find out more about this process, please visit our Wills pages.

Contact our expert Wills, Trusts & Executry Solicitors in Motherwell & Wishaw

At Freelands Solicitors, our specialist wills solicitors can provide straight-talking, honest and practical advice for dealing with the legal side of the loss of a loved one. If you require assistance following a death, then please get in touch using our online contact form. Alternatively, please call our Motherwell Office on 01698 442897 or Wishaw Office on 01698 442797

 

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