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 Superintendent Registrar's Office once the funeral director has registered the death. This usually takes around four days.
Burial
This certificate is issued by the deceased's GP, or by a doctor authorised by the Viscount's Department. If the death takes place in hospital, it will be completed by the hospital doctors.
Your funeral director will collect this document and present it to the relevant Parish Registrar. The Registrar keeps the document and records the details of the death.
Once the death has been registered, the Parish Registrar issues the Certificate of Registration of Death.
This certificate must be presented to the church cemetery before the burial can take place. Your funeral director will arrange this for you.
Cremation
This certificate is issued by the deceased's GP, or by a doctor authorised by the Viscount's Department. If the death takes place in hospital, it will be completed by the hospital doctors.
Your funeral director will collect the document and present it to the relevant Parish Registrar. The Registrar retains the certificate and records the details of the death.
This certificate is issued by the Parish Registrar once the death has been registered.
It must be presented to the crematorium before the cremation can take place. Your funeral director can take care of this on your behalf.
Schedule 2 of this certificate is completed by the doctor who signed the Medical Certificate of the Fact and Cause of Death.
That doctor must then nominate a second doctor from a different surgery to complete Schedule 3.
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.
The Certificate of Registration of Death, the Certificate of Medical Attendant (Schedules 2 and 3), and the Application for Cremation are submitted to the Medical Officer of Health.
This is usually arranged by your funeral director, who will ensure all the paperwork is complete before Schedule 6 is signed to authorise the cremation.
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 or by the doctors caring for them.
Authorisation from the next of kin is required. The next of kin can arrange to receive the results through the consultant or the deceased's GP.
If the Viscount decides a post-mortem examination is needed as part of an inquest, a request will be made to an appropriate consultant pathologist.
The Viscount may also order a post-mortem without the authorisation of the next of kin.
More information is available in the booklet Post-Mortem Guide for Relatives, which is provided by Police Liaison Officers.
If the cause of death is unknown, sudden, unexpected or there are suspicious circumstances, the Viscount is legally required to investigate.
The Viscount reviews both the police reports and the findings of any post-mortem examination.
If there are no circumstances requiring further investigation and the death is found to have been from natural causes, it is unlikely that an inquest will be held.
In these circumstances, the Viscount will issue the necessary documentation to the hospital mortuary so the deceased can be released.
If the Viscount decides that an inquest is needed, there may be a delay in confirming the funeral date.
The Viscount will aim to arrange an initial hearing as soon as possible, before opening and adjourning the inquest to allow funeral arrangements to go ahead. The full inquest will then take place at a later date.
For more information, visit www.gov.je or contact the Viscount's Department on 01534 441402 or by email at viscount@gov.je.
An inquest is an enquiry that aims to establish four key facts:
• Who the deceased was
• When they died
• Where they died
• How they died
The inquest is led by the Coroner and is open to the public.
Family members and friends are welcome to attend and may choose to have legal representation if they wish.
The Coroner cannot make findings of civil or criminal liability. The purpose of an inquest is to establish the facts, rather than determine blame or put anyone on trial.
Any civil or criminal proceedings would be 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 Philip's Footprints (www.philipsfootprints.org) or by emailing jo@philipsfootprints.org.