What Happens If You Don’t Register A Death Within 5 Days? | Blackstone Solicitors (2024)

When someone dies, it is a legal requirement to formally register the death within 5 days. There are exceptions to this and in this article, what happens if you don’t register a death within 5 days, we take a look at the process and mechanism involved.

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Who should register the death?

The death should be registered by one of the following (in order of priority):

• a relative who was present at the death
• a relative present during the person’s last illness
• a relative living in the locality where the death took place
• anyone else present at the death
• an owner or occupier of the building where the death took place and who was aware of the death
• the person arranging the funeral (but not the funeral director).

It is important to note that you cannot delegate responsibility for registering the death to anyone else.

What documentation and information will I need to provide?

You must take with you the medical certificate of death, as the death cannot be registered until the registrar has seen this. If possible, you should also take the person’s NHS medical card and birth and marriage certificates. The registrar will want from you the following information:-

• date and place of death
• the full name of the person (including maiden name) and their last address
• the person’s date and place of birth
• the person’s occupation
• the full name, date of birth and occupation of a living or dead spouse or civil partner
• if the person was still married, the date of birth of their husband or wife
• whether the person was receiving a pension or other social security benefits.

What are the responsibilities of the registrar?

The registrar will issue copies of the following:

• a green Certificate for Burial or Cremation, or in Scotland, a white Certificate of Registration of Death.
• a form or certificate to send to the Department of Work and Pensions.

The Registrar will also issue:

a death certificate, which is a copy of the entry in the death register. There is a charge for copies of this. You’ll still be able to get extra copies of the death certificate at this time, but there may be delays in getting these posted to you.

What happens if you don’t register a death within 5 days?

A death should be registered within 5 days in England, Wales and Northern Ireland, or 8 days in Scotland. If the death has been reported to the Coroner or Procurator Fiscal you can’t register the death until the investigations are finished. Although a death should be registered within five days, registration can be delayed for another nine days if the registrar is told that a medical certificate has been issued.

You can’t get someone to register the death on your behalf. It is a criminal offence not to register a death within the specified time frames.

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We have a proven track-record of helping clients draft their wills and deal with probate. This includes relatively straightforward estates and also complex estates where assets are held all over the world. We will guide you through all the necessary legal due diligence in a comprehensive and timely manner. We firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.

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It is important for you to be well informed about the issues and obstacles you are facing. However, expert legal support is crucial in terms of guiding you through the often emotional process of probate in a sensitive and supportive manner and help ensure you achieve a positive outcome.

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Authored by Ben Posted in News, Private Client Tagged as