Legal aspects surrounding a death
Dealing with legal paperwork after the death of someone close to you can feel overwhelming. At an already difficult time, understanding what documents are needed and what happens next can add to the uncertainty.
To help make things a little clearer, we've explained some of the key legal documents and processes involved when registering a death. If you need legal advice that's specific to your circumstances, we recommend speaking with your solicitor or legal practice.
Death certificates are produced by the Registrar otherwise known as the Greffe once the funeral director has registered the death. This usually takes around five days.
Declaration of Death
During your initial meeting with your funeral director, they will complete the document known as the Declaration of Death. This includes the information listed below:
1. Date and hour of death
2. Full names and surname of the deceased
3. If deceased is a woman who has been married
a. Maiden surname of deceased
b. Wife/widow of
4. Age and date of birth
5. Full names and surname of father
6. Full names and maiden surname of mother
7. Place of death
8. Rank, state or profession
9. Ordinary residence
10. Place of birth
Burial
This certificate is issued by the deceased's GP, a medical practitioner who attended the deceased during their last illness, or by a doctor authorised by The Law Officers of the Crown. If the death takes place in hospital, it will be completed by the hospital doctors.
Your funeral director will collect this document and submit it to the Greffe on your behalf. The Registrar keeps the document and records the details of the death.
Once the death has been registered, the Greffe issues the Burial Permit.
Even though it is a Burial Permit, this document will accompany the cremation document to confirm that death has been registered.
Cremation
This certificate is issued by the deceased's GP, a medical practitioner who attended the deceased during their last illness, or by a doctor authorised by The Law Officers of the Crown. If the death takes place in hospital, it will be completed by the hospital doctors.
Your funeral director will collect this document and submit it to the Greffe on your behalf. The Registrar keeps the document and records the details of the death.
Once the death has been registered, the Greffe issues the Burial Permit.
Even though a Burial Permit, this document will accompany the cremation document to confirm that death has been registered.
The Medical Certificate (Part B) certificate is completed by the doctor who signed the Medical Certificate of Cause of Death.
That doctor must then nominate a second doctor from a different surgery or department to complete the confirmatory Medical Certificate (Form C).
This form must be completed and signed by an executor or the deceased’s nearest relative.
It is normally completed during your first meeting with your funeral director.
As part of this process, you will be asked which professional person will countersign Form A (this is like a passport document). This can be one of the following:
• A Jurat
• A Member of the States
• The Magistrate
• A Minister of religion
• An Advocate
• A Constable or Douzenier
• A medical practitioner or dentist authorised respectively to practice in this island as a medical practitioner or dentist according to the law for the time being in force
• An officer on the active or half pay or pensions lists of any of His Majesty’s naval, military or armed forces
• A person who
o Is a member of the Established Staff of the States of Guernsey or
o Is in receipt of a pension in respect of service as a member of the said Established Staff.
• An appointed officer of a bank
• A teacher at a school wholly or partly maintained by the States of Guernsey, or
• A member of the salaried police forced of this island not below the rank of Sergeant.
Once both the Medical Certificate and Confirmatory Medical Certificate have been completed, your funeral director will submit the Application for Cremation to the Law Office for authorisation.
Once either H.M Procurer or H.M Comptroller are satisfied, they will issue the Authority to Cremate. This document is then forwarded by your funeral director to Le Foulon Crematorium.
Unknown, sudden or suspicious deaths
In some circumstances, a post-mortem examination may be needed to establish the cause of death.
A hospital post-mortem may be requested by the deceased's family if they feel that:
• They have any reason to suspect that the death of the deceased was due directly or indirectly, to (a) violence; (b) poison; (c) privation or neglect
• If they know of any reason whatever for supposing that an examination of the remains of the deceased may be desirable
If the Law Officers of the Crown decides that a post-mortem is required as part of an inquest, an independent pathologist will be instructed to carry out a Coronial post-mortem.
The Law Officers of the Crown can order a post-mortem without the authorisation of the next of kin.
An inquest is an legal inquiry that establishes four key facts:
• Who the deceased was
• When they died
• Where they died
• How they died
Inquests are held in the Magistrate's Court at the request of the Law Officers of the Crown. They are carried out following the preliminary investigation into deaths where a person may have died in unnatural or violent circumstances, died while in prison, or where a doctor is unable to issue a death certificate.
An inquest is a fact-finding process. Its purpose is to establish:
• Who has died.
• Where and when the death occurred.
• How the cause of death arose.
• The information required by the Registrar of Deaths so that the death can be officially registered.
Any civil or criminal proceedings that may arise are dealt with separately by the Royal Court.
Registering a stillbirth
A stillbirth is when a baby is born without signs of life after 24 weeks of pregnancy.
By law, both the birth and death must be registered. Hospital staff will guide you through the process and answer any questions you may have.
If you would like support from a funeral director, they will be able to help you with the arrangements.
Additional support is also available locally through the Ivy Trust by contacting Shelley@theivytrust.org or erin@theivytrust.org or visiting their website theivytrust.org