Public health funerals

If a resident of Spelthorne dies and there is no one else willing to make the arrangements and pay for the funeral, then Spelthorne Council will make sure that person receives a proper funeral (section 46 of the Public Health (Control of Disease) Act 1984).

What happens next?

We will do everything we can to try to locate living relatives or friends who are willing to deal with the estate of the deceased and pay for the funeral.

If a Will is found, the executor (the person who will be responsible for looking after the deceased person's estate) will be asked to make the funeral arrangements in line with the deceased person's wishes. The Council will not be involved further.

If we are unable to locate anyone then we will try to establish the faith of the deceased and arrange an appropriate service.

Who pays for the funeral?

The cost of the funeral is normally paid for using the money from the deceased person's estate (a person's estate is the belongings owned by the deceased person). If there isn't enough money in the estate to meet the costs, the executor of the Will is personally responsible.

If the deceased person has not made a Will the person who is arranging the funeral (normally the next of kin) is responsible for the funeral costs.

Help may be available from other sources like charities and the Department of Works and Pension (DWP).

Burial or cremation?

Unless we know that the deceased would want to have a burial, or we are aware of preference due to religious reasons, funeral arrangements will be made with a funeral director of our choice to have a cremation. If the deceased has left paperwork or told family of friends that they wanted to be buried, suitable arrangements will be made. In either case an appropriate religious or non-religious ceremony will be arranged depending on the beliefs of the deceased (if we know what their beliefs are).

Property and belongings of the deceased person

The property will be made secure and any keys or property belonging to the deceased that family and friends have should be handed in for safekeeping. All property should be recorded and handed into the Environmental Health Service. Spelthorne Council will then issue a receipt.

If the deceased person left furniture or other belongings, Spelthorne Council cannot make arrangements for these to be disposed of. The cost of clearing the property is normally met by the estate. Property should not be removed from the house unless legal authority exists to do so.

If the deceased person's belongings are not worth anything in monetary value and the property was rented, the landlord is responsible for recovering the property and dealing with the contents.

If, after the funeral costs have been met and there is still some money left over, Spelthorne Council will notify the Treasury Solicitor.

Recovery of expenses

Wherever possible Spelthorne Council will recover expenses from the estate of the deceased to limit the cost to the taxpayer.

An administration fee of 30% of the cost of the funeral will be made and recovered from the estate.

If there is not enough money in the deceased person's estate to cover the administration costs a statement will have to be made. This will need to confirm what has been left in the deceased person's estate (including money, possessions and property) and the charges may not apply.

The Council will recover its costs of the funeral from the estate of the deceased, in the form of a civil debt recoverable within three years. Under this Act the funeral expenses are the first call on any estate. The Council is entitled under the Act to collect any and all sums of money due or belonging to the deceased, and to sell any belongings of the deceased in order to help offset the costs of the funeral and expenses. Any short fall would be borne by the Council.

The Council will not accept part payment for funerals, contribute to the costs of funerals organised by other persons, or administer estates on behalf of others.