Assisted Funerals

Our duty

Colchester City Council have a legal duty (Public Health Act 1984, section 46) to make funeral arrangements for anyone who dies within our area if:

• no one else has arranged a funeral
• we cannot find any relatives or friend of the deceased
• the relatives of the deceased cannot or will not arrange a funeral

You may be able to get help with the funeral costs, please visit: Get help with funeral costs (Funeral Expenses Payment): How it works – GOV.UK

We are unable to help if:

• you have already made the funeral arrangements
• the funeral has already taken place

Anyone who has already given instruction to a firm of funeral directors will have to pay any costs they incur.

If there is nobody willing or able to make the funeral arrangements, we will ask the nearest surviving relative to sign a consent form stating they:

• are willing for us to make the funeral arrangements
• understand we will recover any costs from the deceased’s estate

Property search

Before making the funeral arrangements, we will carry out a search of the last known address of the deceased.

The search will concentrate on:

• finding a Will
• evidence of family and friends
• evidence of a pre-paid funeral plan
• Retrieving financial details, assets, cash or belongings that could help off set the costs of the funeral expenses.

The property search will be carried out by two officers from the Environmental Team who will record any items they remove from the property.

Items removed will be kept securely, for a minimum of 3 months and until the funeral costs have been recouped.

Other ways to locate NOK:

• We use a genealogy company to trace family members. If any are found, they are given the option of taking over the arrangements.

If a next of kin cannot be located, our Bereavement Services Assistant Manager will make a written statement confirming this and authorising the funeral arrangements.

Executors of a Will

If a Will is found and the executors traced, it will be their responsibility to organise and pay for the funeral. Should they no longer wish to carry out their duty, they must:

• make a formal renunciation of the will
• declare that they wish to have no further involvement in the funeral arrangements

If the executor has removed property or possessions from the deceased’s home, they need to make these available.

Paying for the funeral and estate administration

Under legislation, funeral costs are the first expenses claimed on any estate. We are entitled to collect any and all sums of money due to or belonging to the deceased to cover the funeral cost and expenses including a fixed administration fee.

We can recover our costs by:

• the sale of goods belonging to the deceased at public auction
• contacting the deceased’s bank or building society
• putting a charge against property where the deceased is a part-owner. We recover our costs from the property sale

We do not have the authority to administer the estate.

If, after we have deducted funeral and administration costs, the remaining estate is over £500 and we cannot locate any living relatives, or a valid Will, we refer the estate to the Bona Vacantia Division of the Government Legal Department.

If the estate value is under £500, we can keep the money.

If we are aware of known relatives, we will hold any money or property belonging to the deceased estate, and release these when someone can show they have the legal right to administer the deceased’s estate

The funeral

• The funeral will be a dignified and respectful non attended service.
• The funeral will be a cremation unless:
  • The deceased is known to be part of a religion that forbids cremation
  • There is a written statement expressing their wish to be buried, such as a Will or funeral plan.
• The date and time of the service will not be disclosed.
• The NOK will be informed once the funeral has taken place.
• Arrangements regarding ashes’ will be made in accordance to the instructions on the signed consent form.

Freedom of Information Requests

Please contact www.colchester.gov.uk/council-data/foi/ for further information