Minimum Legal Requirements

1958mc

My father is elderly and unwell, he is also extremely unpleasant and selfish resulting in two of his sons completely cutting him out decades ago and me having next to nothing to do with him. 
When he dies what are the bare minimum legal requirements on me? If any? He has no assets, no estate. He has not made any funeral plans. He lives in rented accomodation. If I'm informed he is dead what am I legally obliged to do? Ideally nothing at all. I am aware he lists me as his next of kin and executor of his will (not my choice.) 
Please do not tell me of any moral obligations, I'm just after cold hard facts. Thank you in advance.

1958mc

Additional - he doesn't have a partner, he has a brother who has also cut him out. 
He has a private pension plus a state pension. 

doodling

Hi,

The only obligation you have is to renounce the executorship if someone comes to you either asking you to fulfill those duties, or wanting to take on those duties themselves.

I suspect that renouncing executorship verbally is legally binding but it would be reasonable to give anyone who asked you a letter saying that you do not wish to be the executor.

Everything else (funeral arrangements / costs, notifying people, clearing his flat, etc. etc.) you can ignore.

Be aware that so far as dealing with his assets / debts are concerned you can't pick and choose what to do - e.g. if your father had a car then if you sell it (or use it as your own) then you are stuck being the executor.

1958mc

Thank you. I have no intention of taking action with regards to any finances, I won't be attending his home or anything if that's the case. Would anyone know how it works with registering a death? Any legal requirements there?

doodling

Hi,

There is a legal requirement that deaths are registered within 5 days (criminal offence not to) and it seems that there is an expectation that a relative will do it although others (e.g. those in charge of the body) can also register a death.

I don't know how the law works if you refuse to register, whether you are at risk of prosecution or whether all those with knowledge of the death and your refusal are at risk - in the latter case I would expect someone else to end up doing it, in the former you could be prosecuted.

Anyone else know the exact legal position?

Mojisola

1958mc said:

My father is elderly and unwell, he is also extremely unpleasant and selfish resulting in two of his sons completely cutting him out decades ago and me having next to nothing to do with him. 
When he dies what are the bare minimum legal requirements on me?

None at all.

You don't have to register the death or arrange a funeral or clear his house or deal with his estate.

Keep_pedalling

You may find his landlord will try to pressure you into clearing his stuff, but the problem will be the landlords not yours.

With no assets and no relative willing to arrange a funeral, then either the LA or the NHS if he dies in hospital would provide a basic funeral.

As others have said you and your siblings have no legal responsibilities at all. Very sad that his behaviour has resulted in him loosing any meaningful relationship with his children, and that he is likely to die lonely and unloved, but it seems that it is entirely down to him, so you should not feel guilty about it.

1958mc

Thank you for the input. It is very sad but when I tell you that he willingly put my wife at risk who was undergoing treatment for cancer because he was too interested in pursuing relationships with drug addicts and prostitutes you can probably see why I'm unwilling to take any responsibility.

Flugelhorn

If he dies in hospital then the hospital will try very hard to find a relative to take responsibility for the body and the registration - if they cannot find anyone then the hospital administrator will register the death and arrange a public health funeral. 

if they die at home then I am not sure who will do quite as much chasing , it will become the problem of the local authority fairly quickly ( they may have an equivalent bereavement officer) and similarly a simple funeral will be arranged. 

PS even if they do track you down, you don't have to do anything - you can say that were estranged and understand that the estate is insolvent.

getmore4less

I researched  disposal of body after death as they become ownerless.

Don't recall the details of when changes happened.

In the distant past the onus fell on the owner of property to safely dispose of a body.

This now falls with the local authorities.

The OPs question has been answered.
No obligation to do anything.
Prepare to renounce your role as a named executor.

SeniorSam

I would only add one thing to what has been said so far. Have you read his Will?  If he has any hidden assets, they may be mentioned, which may change matters. If he has nothing at all, why has he made a Will?