Proof of Death and Domicile
| Author | Nasreen Pearce |
| Pages | 13-32 |
Chapter 2
Proof of Death and Domicile
2.1 INTRODUCTION
An application for financial provision may only be brought against the estate of a
deceased person who was domiciled in England and Wales at the time of their
death (I(PFD)A 1975, s 1(1)). Proof of death and domicile of the deceased in
England and Wales are thus the first two pre-conditions which a claimant must
establish when applying for financial provision under the Act. These are issues
which may be raised as preliminary issues by a defendant who intends to resist
the claimant’s application. If the deceased died domiciled elsewhere than in
England and Wales, a claim under the Act cannot be entertained by the court. The
Act does not extend to Scotland and Northern Ireland, the Isle of Man or the
Channel Islands (s 1(1)).
2.2 PROOF OF DEATH
The Births and Deaths Registration Act 1953 and the Registration of Births and
Deaths Regulations 1987 (SI 1987/2088) as amended by the Registration of Births
and Death (Amendment) (England and Wales) Regulations 2021 (SI 2021/1436)
which came into force on 21 December 2021 govern the registration of births and
deaths. Death is proved by the production of a certified copy of the death
certificate, which may be obtained from the registrar for the sub-district in which
the death occurred or the body was found, on payment of a fee of £11. If the
certificate is required urgently, a priority service is available at a cost of about
£35. It can be ordered online at www.gov.uk/order-copy-birth-death-marriage-
certificate. The application form to order a death certificate can be obtained at
www.gov.uk/government/publications/death-certificate-application-form.
The applicant will need to provide the deceased’s full name, status, i.e. whether
married/divorced/in a civil partnership, occupation, date of birth, place and
date of death and the last known address of the deceased if different from
14 A Practitioner’s Guide to Inheritance Act Claims
the place of death. If 12 months have elapsed since the death of the deceased,
the application for the death certificate should be made to the General Register
Office at Smedley Hydro, Trafalgar Road, Birkdale, Southport PR8 2HH, and
may be made online or by post at PO Box 2, Southport PR8 2JD. Enquiries:
certificate.services@gro.gov.uk. Tel: 0300 123 1837. Further information is
available on the website: www.gov.uk/general-register-office.
There is a different process for obtaining a certificate in Scotland and Northern
Ireland. For Northern Ireland, see www.nidirect.gov.uk/services/order-death-
certificate-online. For Scotland, see www.scottishcertificates.org.uk.
Where the death has occurred overseas, the death must be registered according to
the local law in the country where the person died. Death can also be registered
at a British Consulate or the British High Commissioner and the Overseas
Registration Unit of the Foreign, Commonwealth and Development Office. The
death will first have to be registered in accordance with the registration
procedure in the country where the person died and a local certificate of death
obtained. This local death certificate will be accepted in the United Kingdom
provided it is accompanied by a certified translation if the document is not in
English. To register the death with the Overseas Registration Unit of the Foreign,
Commonwealth and Development Office, it will be necessary to provide the
following documents and payment:
•the original local death certificate with a translation;
•a photocopy of the photo page of the deceased’s passport and, if this is not
available, then the original full UK birth certificate, naturalisation or
registration certificate and written permission of the next of kin or executor
if the applicant is not the next of kin or the deceased’s executor;
•payment of the registration fee of £150 and £50 per copy. Payment may
be made online by emailing Overseas.RegistrationUnit@fcdo.gov.uk. The
reference number provided, together with the registration form and the
above documents, should be sent to Overseas Registration Unit, Foreign
Commonwealth and Development Unit, Hanslope Park, Hanslope Milton
Keynes MK19 7BH.
A death certificate of a person who has died in active service with the armed
forces is issued by the Ministry of Defence. This will be in the form of a
notification of death or presumed death. The Registrar General of Shipping and
Seamen is responsible for providing a certificate of evidence of death of a
merchant seaman.
Where death has occurred in unusual circumstances, such as an accident or air
crash, a post-mortem or coroner’s inquest may be held, especially where there is
reason to believe that ‘a violent unnatural or sudden death has occurred and the
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