Funeral worries

sidsmum

I read through the thread about someone's father inh law dying with no money for a funeral. I should imagine this is quite common.

My partner (not civil) had an operation for lung cancer seven years ago, had been signed off by the specialist but opted to have an annual checkup. Last August, the chest x-ray showed a recurrence, which has been operated upon. He isn't mentally strong, shall we say, and has blanked out the possibility of it coming back again "until he's forced to face it".

I however, have lots of worries about the prospect of recurrence, not least because of having to pay for a funeral.We've lived together for
years, but marrying seems to be more than he could cope with, so can anyone tell me anything about funerals. He seems to think money will materialise, but we've more or less spent our savings.

Also, if they don't recognise common law partnerships, will his sister have to register the death, etc.?
Seems unfair, as I've been his carer for years.

getmore4less

there is a list for those eligable to register the death

More important is there a will.

https://www.gov.uk/register-a-death/y/england_wales/at_home_hospital/yes
Who can register the death

You can register the death if you’re:

• a relative
• someone present at the death
• the person who found the body
• the person in charge of the body
• the person making arrangements with the funeral directors

What you need to do

Take the medical certificate showing the cause of death (signed by a doctor) with you.
If available (but don’t worry if not), also take the person’s:

• birth certificate
• marriage or civil partnership certificate
• NHS medical card

You’ll need to tell the registrar:

• the person’s full name at the time of death
• any names previously used, eg maiden name
• the person’s date and place of birth
• their last address
• their occupation
• the full name, date of birth and occupation of a surviving or late spouse or civil partner
• whether they were getting a State Pension or any other benefits

Documents you’ll get

When you register a death you’ll get:

• a Certificate for Burial or Cremation (the ‘green form’) - gives permission for burial or an application for cremation
• a Certificate of Registration of Death (form BD8) - you may need to fill this out and return it if the person was getting a State Pension or benefits (the form will come with a pre-paid envelope so you know where to send it)

You can buy extra death certificates - these will be needed for sorting out the person’s affairs.

Dunroamin

Have you looked at the advantages which could apply if you were to be married before your partner dies? Marrying can be a very simple procedure that even a very ill person could cope with.

All the best.

TonyMMM

You are correct that there is no such thing as a common law husband/wife and never has been in English law.. so in a case like yours it is vital that a proper will is written.

madbadrob

TonyMMM actually there has been common law husband and wife in English Law but it is now 200 years ago it was done away with. This however doesnt help the OP

Rob

Mojisola

sidsmum wrote: »

Also, if they don't recognise common law partnerships, will his sister have to register the death, etc.?
Seems unfair, as I've been his carer for years.

If you are not named as his Next of Kin in his medical records, when he is beyond giving his own views, his blood relations will be asked to make decisions about his treatment rather than you.

TonyMMM

madbadrob wrote: »

TonyMMM actually there has been common law husband and wife in English Law but it is now 200 years ago it was done away with. This however doesnt help the OP

Rob

No - it never existed. The book "Marriage Law for Genealogists - the definitive guide" by R Probert, Law professor at Warwick University very clearly explains the myth of common law marriage and how it came about with reference to all the relevant legislation (p25-27). Also includes the other myths of old marriages like Handfasting or jumping over broomsticks.

It was often claimed, but never legally existed in any form.

Still doesn't help the OP though - I agree.

madbadrob

Tony prior to the 1752 Hardwicke act common law marriages were in fact very common and were recognised under the law but after the 1752 act which was designed to make marriage an institution and to bring all marriages under the Church of England Quakers and Jewish places of worship.
I have a will dated 1706 which quite clearly states my common law wife who I have lived with for 47 years etc and probate was granted to her and her 2 sons as joint executors and executrix.

I havent read the book you mention but I will get a copy of this

Rob

TonyMMM

Calling someone "my common law wife" doesn't confirm any legal status though.

Hardwicke's 1753 act set out the requirements for the future validity of marriage, to stop the practice of clandestine marriages, and makes no mention whatsoever of common law marriages or their status - full text here

There was a legal basis for "common law" status of marriage in Scotland, more correctly called "marriage by co-habitation and repute", which persisted, in theory anyway, until the The Marriage (Scotland) Act of 1939.

madbadrob

http://www.justcounsel.co/the-common-law-wife-1-a-very-short-history-of-marriage-in-england-wales/ says Prior to 1753, it was possible to have a common law relationship which was recognised, at least locally and for the purposes of inheritance, although it did not have full legal force.

This is written by a barrister and as you can see prior to Hardwicke's act it was an accepted and legal. This is a debate that really is not for this forum so I will leave it at this and agree to disagree

Rob

Fire_Fox

There is Power of Attorney for health and welfare as well as one for financial affairs, that holds during life. A will and marriage have legal standing after death, PoA dies with the person. If there is literally no money then the council can organise a pauper's funeral but they will not involve family in any decisions, may not inform you, will take personal effects to sell to cover costs.

Sorry it all sounds harsh but this is exactly why people should sort out their affairs before they get sick, not simply complain about it being unfair when the end is getting closer.