QualitySolicitors Wilson Browne can help if you are faced with the death of someone close to you in circumstances that appear suspicious or you suspect someone else may be to blame. We take you through the steps you need to take. (Please note - these rules apply to deaths in England and Wales only).

What do I do first?

The first step is to notify the person's family doctor (GP).  Even If you think has already been done, you should check.

If you do not have the contact details of the GP for the person who died, it should be possible to find them using the NHS website search facility on the home page www.nhs.uk.

Explain your concerns relating to the death. Ask if the doctor is reporting the death to the Coroner.

Why would the GP report the death to the Coroner?

The doctor will do this if he or she considers the death to be sudden and unexpected, suspicious or violent, or unnatural. The death will also be reported by the GP if the reason for the death is unclear or unknown, or if it may have been caused by an industrial disease, or if it happened during surgery or before recovering from anaesthetic.

Should the police be involved?

Yes. Step 2 is - notify the police of your concerns.

In most cases of suspected wrongful death the police will have been involved from the outset and will have arranged for a Police Liaison Officer to work with you. However, if you have not had an opportunity to pass on your concerns to the police they should be notified.

Once the police have completed their criminal investigations they will send their papers to the Crown Prosecution Service (the CPS). It is the CPS who will then make a decision as to whether or not to bring criminal charges against the person or organisation thought to be responsible for the death. The Police Liaison Officer will keep you informed as to the process of investigation and then the CPS's decision as well as any criminal trial.

Will I need to make a statement?

If there is likely to be a criminal trial, the police will probably work with you in preparing an Impact Statement. This is your opportunity to tell the judge just how important the person who died was to you and your family, and how devastating their loss is.

Do I have to do anything else?

Yes. Step 3 is - contact the Coroner's office.

The Coroner is the independent person appointed to investigate the cause of any sudden, unexpected or violent death that is reported to them.

Usually such deaths will have already been reported to the Coroner by either the police or the doctor. However, as someone with a close connection with the person who died you are known as an 'interested party'. You can report your concerns to the Coroner, who will decide whether this is a death that should be investigated.

How do I find the Coroner?

The appropriate Coroner is responsible for the geographical area where the death occurred. This can be found by contacting the Coroners' Society of England and Wales on 0151 233 4708.

Alternatively, the home page of their website at www.coronersociety.org.uk has a 'find a coroner' section.

What does the Coroner do?

Where the Coroner decides to investigate further, he or she will take responsibility for the body of the person who has died. The Coroner holds an inquest to investigate deaths that are sudden, appear accidental or suspicious.

What about the funeral arrangements?

This is your Step 4. Most people use the services of professional funeral directors. They are experienced and can ensure that the process is dealt with in a dignified way.

They can help you with issues such as the service, floral tributes, making arrangements for burial or cremation and a funeral wake or tea (including catering). After a burial they can give advice on a headstone.

Remember that if you make the funeral arrangements, you will be responsible for the funeral director's costs - even though it is likely that these costs will be met by the estate or can be claimed back from the insurers of the person responsible for the wrongful death.

If you would like the funeral to take place abroad, you must ask the Coroner to issue a 'removal notice' which takes at least 4 working days.

You must also check whether the person who died left a Will (see below) containing their wishes for funeral arrangements. The person who died may have taken out an insurance policy to cover the cost of the funeral - such policies are often stored with the Will. See Step 8 below.

Do I have to do anything else?

Yes - there are several more important steps.

STEP 5: Notify Benefits Office

If the person who has died was receiving any state benefits or tax credits (including child benefits) you should notify the officers that were making the payments that they have died.

STEP 6: Notify employer

You should let their employer know that they have died. You should also ask whether there was any 'death in service' benefit that will now be payable.

Ask the employer to notify the tax office.

If the person who has died was self-employed then you will need to notify their tax office and also the National Insurance Contribution Office (to cancel payments). If self-employed they are also likely to have an accountant who should be advised.

STEP 7: Dealing with their accommodation

If the person who has died owned their own house you will need to check whether there was a mortgage. If so, you should notify the mortgage provider. There may well be a life insurance policy provider who should also be notified (this will often pay off the outstanding balance of the mortgage).

If the person who has died was renting, then the landlord or local authority should be notified.

STEP 8: Locate the last Will

If this cannot be easily found amongst the personal belongings and papers of the person who died, their solicitor may well have a copy. Alternatively any relative or friend who was asked to be an executor may know where the Will is stored.

• If there is a Will the first thing to check is any special requests in relation to the funeral arrangements (above).
• If there is a Will there will be named executors who have authority to deal with the financial affairs.

What if there is no Will?

If there is no Will the person is said to have died 'intestate' and the law sets out rules as to who will receive the Estate (the property, possessions and money of the person who died).

Should I instruct a lawyer?

If there are named executors in a Will or if there is no Will and the family are dealing with the Estate, a decision needs to be taken whether or not to instruct a probate lawyer.

The lawyer's fees will be paid from the Estate of the person who has died. Dealing with the Estate is a complicated role which can be particularly difficult and runs the risk of personal liability if not carried out properly. Therefore, it is usually best for a probate lawyer to be instructed.

What are the legal duties of the person administrating the Estate?

The main aspects can all be passed on to a probate lawyer:

• Pay for the funeral
• Value the Estate
• Pay outstanding liabilities and debts
• Recover any payments due to the person who has died
• Collect assets
• Prepare the Estate accounts
• Complete inheritance tax forms
• Obtain a grant of probate
• Distribute the Estate under the provisions of the Will or intestacy rules.

STEP 9: Other people or organisations to contact

The following is a list of others who should be notified of the death.

•  Pension providers and life insurance companies. Check what payments or benefits are now due as a result of the death;
• All bank and building societies where an account was held. Where the account was in a sole name, the death certificate is likely to be required before funds will be released;
• Any hire purchase or loan companies. Sometimes the amount still due to be paid will now be paid off under an insurance protection policy;
• Credit card providers and store cards;
• Insurance companies - buildings contents, car, travel, medical, etc. It may be possible for the Estate to claim a rebate. Alternatively if the policy was to cover you as well as the person who died, you will need to ensure that you are still covered;
• Utility Companies e.g. electricity, gas, water and sewage. Also any other providers such as telephone, TV and internet companies where the person who died may have direct debit subscriptions that will otherwise continue to be collected;
• UK Passport Agency. You will be asked to return and cancel the passport;
• DVLA. This is to return any driving licence and cancel (and perhaps obtain a refund) on any car tax. You will also need car registration documents if the ownership of any vehicle is to be changed;
• Any help of care providers, such as dentist or home help.

STEP 10: Register the death

Normally deaths should be registered (usually by a relative) within 5 days of the death. In cases of suspected wrongful death this can only take place once the inquest process has been completed.

Following the resumed inquest the Coroner will send the necessary notification to the local registrar of deaths.

Approximately 1 week later, copies of the full death certificate can be obtained (at a small cost) from the registry office.

The Coroner's Office will be able to advise which is the appropriate local registrar of death. Alternatively it can be found using the search facility on the Government website www.direct.gov.uk.

How can QualitySolicitors help?

When someone dies unexpectedly the family or partner of the person who has died will need to deal with a large number of legal organisations.

If that is you, then you may find that you will be asked to make vital decisions at a time when you are highly distressed and traumatised - still struggling to come to terms with the fact that someone close to you has died. This guide should assist you but is no substitute for contacting a specialist lawyer to help you through the process.

At QualitySolicitors our specialist Fatal Injury lawyers can provide a complete legal service to guide you through the legal maze when it appears likely that someone else was to blame (or was partially to blame) for causing the "wrongful death".

What will you charge?

If it appears someone else is to blame then we offer our service on a genuine 'no win no fee' basis. This means that you do not have the additional worry of legal costs when you have so much else to concern you. We even meet the cost (on your behalf) of the legal expenses needed such as obtaining hospital records, inquest statements and specialist reports.