Understanding the latest death certification reforms

As anyone who has sadly lost a loved one recently will know the death certification process in England and Wales has changed. The changes come after a number of public inquiries and reports into the existing system and aim to provide a greater level of scrutiny.

The new system, which took effect from 9th September 2024, requires an independent review to be carried out for all deaths in England and Wales, regardless of location or circumstance.

What are the changes?

The new legislation requires a medical practitioner to complete a medical certificate of cause of death (“MCCD”) for scrutiny by an independent medical examiner. The MCCD must be done before the death can be formally registered with a registrar and the death certificate issued.

Once the MCCD has been prepared a medical examiner will then consider the MCCD and allow the deceased’s family the opportunity to ask questions and raise any concerns they may have.

The MCCD is then issued by the medical examiner to the registrar. The deceased’s representative (usually a family member) must then make arrangements with the registrar to register the death within five days.

At Brachers we welcome  the new system and hope it will ensure that all deaths in England & Wales are examined independently and give peace of mind to the deceased’s loved ones. However, the additional safeguards have added to the timescales for obtaining a death certificate causing delays in the probate process, in particular notifying financial and other institutions of the death.

Further guidance and support

At Brachers we can assist you with the death registration process and obtaining probate. Our experienced team are equipped to guide you through the death registration process and obtaining probate, ensuring compliance with the updated regulations. Additionally, we understand that the cause of death can sometimes be a contentious issue.

Our Private Client team based in Maidstone and Canterbury are ready to provide support and legal advice, helping you navigate any disputes or concerns with sensitivity and expertise. Whether you need assistance with probate or have questions about the new death certification reforms, we are here to help.

This content is correct at time of publication