Reforms to death certification in England and Wales came into effect in September 2024. Rachelle Nuttall, a solicitor in the Wills and Probate department at Stephensons, explains what has changed to the death certification process.

Why has the death certification system changed in England and Wales?

The UK government reforms to death certification, which came into effect in early September 2024, have introduced significant changes in how deaths are recorded, investigated, and certified. While this may sound like a dry and technical adjustment, these reforms are poised to have considerable effects on the public at large. As a solicitor, this is an issue that will touch many lives in unexpected ways, particularly when dealing with the loss of loved ones or handling estates.

One of the key aims of these reforms is to streamline and modernise the death certification process, which had been criticised for being overly bureaucratic and, in some cases, slow. Prior to these reforms, delays in the issue of death certificates could prolong the grieving process, hold up funeral arrangements, and delay the administration of estates. The government changes are intended to speed up this process by increasing the number of professionals who can certify deaths and reducing the burden on already overworked GPs.

This reform should provide some relief to bereaved families. In theory, the process of registering a death will now be quicker and more straightforward. The expansion of the certification authority to a wider range of healthcare professionals, including nurses and paramedics, aims to reduce the delays that were commonplace when only GPs could perform this function.

What has changed in the death certification system in England and Wales?

Electronic death certification

One of the major changes is the introduction of mandatory electronic death certification. The old paper-based system has been replaced with a fully digital process. While this modernisation is long overdue, it may be an issue for those without access to digital platforms, the new system may present an obstacle, potentially exacerbating existing inequalities in access to public services. The government has promised that support will be available, but it remains to be seen how effectively this will be delivered.

Death investigation regulation

The reforms also introduce stricter regulations around the investigation of deaths, particularly in cases where there may be concerns about the cause. Medical examiners will now be more involved in reviewing certain types of deaths, with an emphasis on improving accuracy and consistency in death certification. This heightened scrutiny is certainly positive in terms of ensuring that suspicious deaths are not overlooked, but it may lead to longer waits for some families, particularly where there is ambiguity about the cause of death.

How will the death certification reforms affect families?

For families, the practical impact of these reforms will be felt most acutely during the immediate aftermath of a death. The digital certification process should, theoretically, make it easier for family members to access and share death certificates, which are often required by a variety of institutions, from banks to government agencies, in the wake of a bereavement.

However, there are concerns about the speed of implementation and the potential for technical issues. It is not difficult to foresee situations where families, already in a state of grief, are left frustrated by system failures or delays. The transition from paper to digital must be handled carefully, and there will need to be safeguards in place to ensure that families are not left in limbo.

Another challenge will be the public’s awareness and understanding of these changes. Many people do not interact with the death certification system until they are thrust into a situation of loss, and there will undoubtedly be a learning curve as the public becomes accustomed to the new processes. For those who are unfamiliar with technology, or who are already dealing with the emotional burden of losing a loved one, these changes may feel overwhelming.

How will the death certification reforms affect solicitors?

From a legal perspective, the reforms should lead to some welcome efficiencies, particularly when it comes to managing estates. With death certificates being available more quickly and in a digital format, solicitors will be able to progress with probate matters sooner, reducing the time it takes for families to access assets, settle debts, and distribute the estate in accordance with the deceased’s wishes. This could help alleviate some of the financial strain that often accompanies bereavement.

However, the stricter scrutiny of death certificates may result in certain cases being delayed where the cause of death is unclear. For solicitors managing the administration of estates, this could pose a challenge, particularly in cases where there is urgency or where the deceased’s finances are complex.

Moreover, there may be additional documentation required under the new system, particularly in cases where medical examiners have flagged concerns or conducted further investigations.

Summary

The government has framed these reforms as a necessary step to improve accuracy, transparency, and efficiency in the death certification process. There is no doubt that in the long term, these changes will result in a more streamlined system, better aligned with the digital age. However, the short-term effects will likely be more mixed, as the public and professionals alike adapt to the new processes.

As with any reform, there will be challenges along the way. It will be crucial for the government to ensure that the transition is as smooth as possible and that the public is fully informed about how these changes will affect them. The ultimate goal of these reforms to provide a more efficient, accurate, and transparent system will be welcome, but it must be implemented in a way that does not create unnecessary hardship for families during one of the most difficult times of their lives.

About the author

Rachelle Nuttall is a solicitor in the Wills and Probate department at Stephensons.

See also

Place a deceased estates notice

The duties of an executor: what to do when someone dies

Find out more

An overview of the death certification reforms (GOV.UK)

Images

Getty Images

Publication date

1 October 2024

Any opinion expressed in this article is that of the author and the author alone, and does not necessarily represent that of The Gazette.