Death certificate

msb1234

As I have already noted, whoever is the executor of an estate applies for probate. Once probate is granted, they can sell any property then distribute the funds under the terms of the will.
Your wife would not have been able to sell the house herself as she was not the executor, she was a beneficiary. 

bombom66

msb1234 said:

As I have already noted, whoever is the executor of an estate applies for probate. Once probate is granted, they can sell any property then distribute the funds under the terms of the will.
Your wife would not have been able to sell the house herself as she was not the executor, she was a beneficiary. 

As I have said previously I post something on here asking one question then people change the question in there replies I’m asking about a death certificate the previous post was closed move on please 

bobster2

People are just trying to help you understand why nobody has asked for a death certificate before now.

So let's move on - who should be finding this missing certificate? Bottom line - it is actually the responsibility of the solicitors (acting as executors for his mother's estate) to find this death certificate.

They have a beneficiary of a will named - who cannot be found - and relatives have told them has died. Really they should employ a specialist tracing agent / genealogy firm to find this death certificate if they are having trouble...

https://www.kingsleynapley.co.uk/insights/blogs/private-client-law-blog/probate-missing-or-unknown-beneficiaries-what-should-executors-do

Your wife - as the other beneficiary - shouldn't be responsible for carrying out this work (you told us in the previous thread that your wife was not the executor - these details matter).

But if you wanted to - you could employ (for a fee) a specialist tracing agency yourself.

aliby21

It's sounding to me like the brother faked his own death.  Did you attend his funeral, or visit him in hospital? 

bombom66

aliby21 said:

It's sounding to me like the brother faked his own death.  Did you attend his funeral, or visit him in hospital? 

aliby21 said:

It's sounding to me like the brother faked his own death.  Did you attend his funeral, or visit him in hospital? 

Of course we attended the funeral he died in front of my wife he donated his organs what a ridiculous statement to make

RAS

You can report posts if they upset or offend you. 

Grumpelstiltskin

There is a very slight chance that the death certificate was issued but as in any action involving a human being it was not recorded at the registrar office and so if it was missed off the record it wouldn't show up on the GRO register because they never received it.

I know it is unlikely but it has happened in the past.

I don't know exactly what the RO would have as a record, no use just looking at a list as it wouldn't be there. I wonder if they keep a copy of every certificate they issue?

TonyMMM

Flugelhorn said:

to get the green form there must have been a death cert 

That isn't necessarily the case - as I said in earlier post, the green form can be issued before registration, but almost always that would be by the coroner - which is why contacting them in the morning is the sensible next step to take.

msb1234

bombom66 said:

msb1234 said:

Regardless of whether they asked her about the death certificate or not, surely you can see that they would have needed more than your wife’s say so about her brother’s death in order to hand over his share of their mother’s estate? The solicitor can only go off what they are told. I should imagine that if your wife gave them the details about her brother and asked them to trace his death certificate they will do so, at a cost.

What I’m saying is when his mother notified them (solicitor)he had died in 2019/20 they didn’t ask for the death certificate then they should have so when my wife went to see them last week they said they knew he had died 2019 as it was in there records so that’s why they gave her the go ahead to sell the house they also can’t find the death certificate we’ve asked them to search like  I keep saying it’s not on the database 

Having just re read your reply here, I realised that your wife’s mother notified her solicitor of her son’s death when he died. Why did she do this? That’s an odd thing to do unless it was to change her will. Why would they need to see a death certificate at that point? Even if she changed her will, they still wouldn’t need to see it. 

As someone else has said, it’s the solicitor dealing with your mother-in-law’s estate that needs to find the death certificate. 

The hospital where he died should have the records of his death, especially as his organs were donated. If your wife contacts them they should be able to confirm the exact date of death. They would also have provided a medical certificate to show the cause of death which would then have been needed by the registrar when registering the death. 

msb1234

TonyMMM said:

Flugelhorn said:

to get the green form there must have been a death cert 

That isn't necessarily the case - as I said in earlier post, the green form can be issued before registration, but almost always that would be by the coroner - which is why contacting them in the morning is the sensible next step to take.

When someone dies in hospital they issue a medical certificate of the coroner doesn’t need to be notified. The RO will then issue the green form and death certificates.