Urgent! Death of family member Canada

gingapete

Good afternoon,

I am not sure if this is the best place to post this or even if there is anyone on here that could actually help me? But you have been great with other posts of mine and I’m in real need of help and can’t think of where to go..

Here’s the story so far!

My auntie who had been living in Canada for the past 40+ years recently died there and there doesn’t seem, at this moment in time, to be a will indicating what she would like to be done for her funeral and what is to be done with her estate. She is/was dual citizen I don’t know if this helps or hinders.

She lived there in Canada with her partner and we don’t know how the law stands in Canada on partnership and immediate family? To tell you the truth I wouldn’t know how the law stands here on those grounds either?

The way we think is as she was living with her partner, most of that time, that her partner would be entitled to sort out the funeral arrangements and would inherit my auntie’s estate. But I am getting mixed information with regards to the funeral as we have been told that, as my auntie was not married, the eldest member of the immediate family needs to give permission for her body to be released from the Coroner to the funeral home. At this point a death certificate is released and that can be used to access my aunt’s estate. Part of this is a security deposit box that we need to get access to because we are really hoping that it contains a will or kind of guidance that can help us out. I have dealt with a family feud before due to lack of a will and it was not nice and split some of our family up.

At the moment my other aunt and I will be flying out to Canada within the next couple of weeks to help with the funeral, the estate and to repatriate my auntie back to England for burial. But we can not find out enough information with regards to what we need to do, legally, here and abroad to make sure that everything goes smoothly and we don’t upset anyone.

I have emailed the funeral home with regards to what they need from us to start planning the funeral so I am waiting to hear back from them.

I also emailed the Canadian consulate for advice and they have sent me information with regards to searching for a will but that can only be done while we are over there or by someone living in Canada.

What I am looking for is any information that may or will be needed with regard to documentation or consent for the funeral arrangements?

What documentation we will need for the repatriation of my auntie back to England?

And well anything else that anyone thinks of as my mind is a blank!!

Thanks in advance
Pete

Pee

A search on the internet will probably be able to answer most questions. Speaking to a solicitor in Canada would be a good idea, through the STEP website. Here the family would have the right to the estate and up to the partner to make a claim, but I have no idea about Canada. If you can keep everyone informed and try to take all views into account, there is less chance of a falling out.

gingapete

Pee, thanks for that. I have done a fair bit of searching on the internet but there is loads of stuff out there and they all seem to have little tweaks here and there. I think it's because i am having to try and get so much information in, i am not sure which bits are relevant, means it is all clouding my judgement. I have never heard of STEP so i will take a look and see if there is anything there to help.

Yeah i know about keeping everyone informed. My family picked me to deal with all my nan's funeral arrangements and finances after the last episode and i made sure i kept everyone infomred and that everyone had full copies of all documentation with full closure off all accounts, bonds and policies! It takes a lot out of you i can tell ya!

mountainofdebt

I'm sorry I can't help much but my first thought on reading your post is would your aunt want to be brought back to the UK for burial?

It seems she spent a good part of her life over there - I'm also thinking of her partner here as well.

gingapete

No worries, yeah she talked about this too a few of our family when she came over here for my wedding last aug she said that she wanted to be buried back home with her mum and dad, my nan and grandad.

I also spoke to her partner as soon as we heard of the sad news and she was confirmed the burial here as it seems they talked about it before and decided that as all of her family are in England they thought it would be for the best.

It's OK i did ask first as i know it is hard for her partner as well as us all here! I am just trying to keep everyone happy and make sure that it is all dealt with with my aunt and he partner in mind.

Thank you for your reply

missiemog

it's worth speaking to someone in the canadian high commission in london and/or the relevant department dealing with Canada in the FCO (also possibly the consular dept in the FCO).

almost all embassies and hc's have to deal with deaths of foreign nationals and dual nationals and have some good info.

hope you get it sorted out.

x

sueeve

is your aunt with a funeral director now? That would be another line of communication, for they will want to move ahead with arrangements, and particularly if it's in a major city will have had experience of repatriation. It would be worthwhile emailing, or even calling to discuss; many phone packages now include calls to Canada, ours does. They would know a great deal of the formal proceedings necessary, although not the finding of the will.
Hope it all goes smoothly.

gingapete

Hi all,

It's all on the go now! My aunties partner has now made arrangements to see the funeral home and get a death certificate, this is how it is done over there, you have to get the body moved to a funeral home from the coroner and the funeral home issue the death cert and we go for there!!

Sooo we are made up that the funeral will be sorted for when we arrive and that all the docs/certs will be done too so we can bring my auntie home!

Thanks againto everyone who read this and mostly to those who replied!!

Cheers
Pete