Death certification reforms

New Death Certification Legislation to Take Effect

New legislation regulating the death certification process is due to come into force on 9 September 2024, affecting all deaths registered in England and Wales.

What will change?

Under the reforms, all deaths will be subject to an independent review by a medical examiner or coroner’s investigation, which is designed to offer greater protection and support bereaved families.

As part of the changes, there will be a new medical certificate of cause of death, which can be completed by an attending medical practitioner. The medical practitioner will propose a cause of death if they are able to do so based on their knowledge and belief, which will then be subject to the scrutiny of a medical examiner before submission to the registrar. This notification then triggers the 5 day statutory timeframe to register a death.

Government guidance has been published to accompany the new legislation: An overview of the death certification reforms - GOV.UK (www.gov.uk) 

NHS England has also issued guidance. https://www.england.nhs.uk/patient-safety/patient-safety-insight/national-medical-examiner-system/

Who can register a death?

The categories of informants who can register a death have also been expanded to include the deceased’s partner or representative. This is welcome news. As a result of the changes, this means that should you wish to instruct us to administer an estate, from September, we will be able to register the death for you regardless of whether we are appointed in the will to act as executors.

Other categories of informants include relatives, a person present at the death, the occupier of the house or an official public building where the death occurs (e.g., a hospital), or the person making the arrangements with the funeral director.

How can we help?

Birkett Long’s Wills, Trusts and Probate team has extensive experience in estate administration.