Dying intestate - obligations of next of kin?

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  • TonyMMM
    TonyMMM Posts: 3,379 Forumite
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    They have no obligations either ... I would imagine they will be keen to get the accommodation cleared, and may try and put some pressure on you to arrange it.

    Once the PM has taken place, someone will also need to register the death - again, there is no obligation on you or your parents to do that. It could be done by the sheltered accommodation management, or as a last resort, by the local authority bereavement team. If you don't want to get involved any further, make sure the coroners office know that.
  • Margot123
    Margot123 Posts: 1,116 Forumite
    Moose1960 wrote: »
    Thank you all for the useful replies so far.

    Margot123 - yes, I did think that the suggestion of simply not getting involved might seem uncaring but realistically it is just an unfortunate fact of life (and death) - if there has been no contact or relationship for decades then blood ties shouldn't confer onerous obligations.

    Coroner's office has called and confirmed that the autopsy will not be until next week.

    I guess that as a minimum I'll arrange to drive parents to his home and spend the day sorting through his things. We've found today that he lived in sheltered accommodation and I don't know what obligations the housing association has with regard to retaining his stuff. I'll hopefully be speaking to them tomorrow, but does anyone here know?

    The problem is with doing anything involving the deceased's property, you will then be liable as you will have intermeddled.
    The authorities, bank, and utilities will contact you for every mortal thing as they will see that you and your parents have taken responsibility.

    I know this from experience of doing what I thought was right for a neighbour. Once they had my contact details, they wouldn't leave me alone, even sending utility bills, Council Tax letters. I was in their systems for a long time, and it was very stressful indeed.
    Please don't let this happen to you or your parents.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    edited 2 January 2018 at 5:16PM
    Moving stuff for safekeeping is not intermeddling.

    Avoid giving away name and contact details and never make any reference that could be considered administrator.

    If anyone asks tell them to contact the administrator using the details they have.
  • Moose1960
    Moose1960 Posts: 34 Forumite
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    TonyMMM wrote: »
    Once the PM has taken place, someone will also need to register the death
    Margot123 wrote: »
    The problem is with doing anything involving the deceased's property, you will then be liable as you will have intermeddled.

    Thanks both. I'm learning by the minute here so if I disagree please don't take it the wrong way - let's treat it as a mutual learning experience:

    Tony - the requirement to register the death is negated if the case goes to the coroner, as has happened here.

    Margot - an initial search through paperwork and documents to establish facts that may be relevant to the eventual administrator does not constitute intermeddling.

    Both of the above found from external sources. I'm grateful for your time and input so far so please don't stop if you have anything further.
  • Margot123
    Margot123 Posts: 1,116 Forumite
    "Margot - an initial search through paperwork and documents to establish facts that may be relevant to the eventual administrator does not constitute intermeddling."

    Take it from my experience, you WILL be contacted by all relevant parties. No wish to stop you doing what you feel is 'the right thing to do', just recounting my own bitter experience of getting involved.

    You and your parents have 2 choices, either stay away completely or run the risk of becoming much more involved than you could ever imagine.
    Sorry to be abrupt, do you think any agency is going to fund anything themselves (inc. staff time) when they have an apparently willing party? Look at it from their angle.

    To put this into perspective, I am still receiving correspondence/demands for my deceased neighbour almost 3 years after the death. This includes letters from debt agencies, despite them being fully aware he was penniless. On Xmas Eve, I received a demand for an unpaid newsbill, in my name at my address. It was for £11-odd with £20 costs on top; I have paid it just to keep them away from my own door! These people will not leave you alone once they have your name (they can easily find your address).

    I will leave it at that, and wish you and your family well.
  • TonyMMM
    TonyMMM Posts: 3,379 Forumite
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    edited 2 January 2018 at 6:17PM
    Moose1960 wrote: »
    Tony - the requirement to register the death is negated if the case goes to the coroner, as has happened here.
    .

    No it isn't - that would only be the case if there was an inquest, in which case the coroner does become the informant who registers the death. But an inquest would only be necessary if this was a suicide, or the result of some sort of accident/misadventure.

    Many deaths get referred to the coroner just because there is no doctor able or willing to certify a cause of death. The coroner will then establish the likely cause, either by discussion with the person's GP, or by ordering a post mortem examination. Once satisfied, the coroner will issue a document to the registrar ( Form 100A or 100B, depending on whether there has been a PM) which will give a cause of death, and confirm that the coroner is not holding an inquest. At that point someone (usually a relative, but doesn't have to be) will still need to register the death.
  • Keep_pedalling
    Keep_pedalling Posts: 16,618 Forumite
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    Margot123 wrote: »
    "Margot - an initial search through paperwork and documents to establish facts that may be relevant to the eventual administrator does not constitute intermeddling."

    Take it from my experience, you WILL be contacted by all relevant parties. No wish to stop you doing what you feel is 'the right thing to do', just recounting my own bitter experience of getting involved.

    You and your parents have 2 choices, either stay away completely or run the risk of becoming much more involved than you could ever imagine.
    Sorry to be abrupt, do you think any agency is going to fund anything themselves (inc. staff time) when they have an apparently willing party? Look at it from their angle.

    To put this into perspective, I am still receiving correspondence/demands for my deceased neighbour almost 3 years after the death. This includes letters from debt agencies, despite them being fully aware he was penniless. On Xmas Eve, I received a demand for an unpaid newsbill, in my name at my address. It was for £11-odd with £20 costs on top; I have paid it just to keep them away from my own door! These people will not leave you alone once they have your name (they can easily find your address).

    I will leave it at that, and wish you and your family well.

    How on earth have all these people got your details? Why did you pay the bill, i would have thought that would be classed as intermedelling.
  • Moose1960 wrote: »
    Thanks both. I'm learning by the minute here so if I disagree please don't take it the wrong way - let's treat it as a mutual learning experience:

    Tony - the requirement to register the death is negated if the case goes to the coroner, as has happened here.

    Margot - an initial search through paperwork and documents to establish facts that may be relevant to the eventual administrator does not constitute intermeddling.

    Both of the above found from external sources. I'm grateful for your time and input so far so please don't stop if you have anything further.
    Intermeddling is not, AFIK, precisely defined. The rule is if in doubt don't until you have sought professional advice.However well intentioned you cannot afford to rely solely on the advice from here. There are plenty of pitfalls to trap the unwary and even profesionals occasionally come unstuck.
  • Rachylou1981
    Rachylou1981 Posts: 714 Forumite
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    edited 3 January 2018 at 1:39PM
    Hi Moose1960


    I have just been through this with my father. I am the youngest of 3 siblings and I took on the role of administrator without a will, with no NOK noted and it was through my own choice.


    I was aware that I was responsible for the cost of the funeral if I arranged it and even though my father was on benefits, I was not and therefore could not claim any expenses towards it. Luckily, on sorting his posessions, we found evidence that he could afford his funeral. The information online is not clear (I was not going to feign ignorance though, this was my father after all).


    I registered the death (he had a PM and coroner sent details directly to register office but I had to book appointment to register officially) and got the certificate and then rang all his utilities who have taken my details and the landlords for future bills etc. The landlord for my dad has been brilliant in working with me. Unsure how sheltered accommodation works.


    The bottom line is that NOK means nothing, it's down to whether you are named as Executor in a will and even then I am unsure if it's a legal responsibility.


    The main point is that you cannot do much in sorting their affairs without a death certificate and once you do that, the rest comes easy - providing there is not a huge estate and then it can get complicated. Also, if you don't arrange funeral then I don't see why you would register the death etc as it all links in.


    Hope this helps.
  • Don't think the question has been asked or answered before. Did the deceased have any children / grandchildren?
This discussion has been closed.
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