Losing a spouse is devastating. While grieving, you'll also need to deal with practical and legal matters. Here's a guide to help you through this difficult time. For a broader overview, see our checklist on what to do when someone dies.

Immediate steps

  • Get the medical certificate of cause of death from the doctor
  • Register the death within 5 days
  • Arrange the funeral
  • Find the will (if there is one)
  • Start notifying organisations
  • Begin sorting personal belongings when you feel ready

Financial matters

Joint accounts

Joint bank accounts usually pass automatically to the surviving holder. Notify the bank - they may freeze the account temporarily while updating records, so ensure you have access to other funds.

Sole accounts

You can't access your spouse's sole accounts until probate is granted. Banks may release small amounts for funeral expenses.

Pensions

Contact all pension providers. You may be entitled to:

  • Spouse's pension or survivor's pension
  • Lump sum death benefits
  • State pension based on spouse's contributions

Benefits

You may be eligible for:

  • Bereavement Support Payment
  • Widowed Parent's Allowance (if you have children)
  • Help with funeral costs if on low income

Property

What happens to your home depends on how it was owned:

  • Joint tenants: The property passes automatically to you
  • Tenants in common: Your spouse's share passes according to their will or intestacy

Inheritance

Under intestacy rules, a surviving spouse receives a substantial share of the estate. If there's a will, you inherit whatever your spouse left you. Spouses have strong rights to make claims against the estate if not adequately provided for.

Your own will

This is often overlooked but important: if your spouse was a beneficiary or executor in your will, you should update it. Your circumstances have fundamentally changed, and your will should reflect this.

Getting support

Don't try to do everything alone. Consider getting help from:

  • Family and friends
  • A solicitor (especially for complex estates)
  • Bereavement support services
  • Citizens Advice
Oliver Asha, Solicitor and TEP, founder of Make a Will

Oliver Asha

Solicitor · TEP · Founder of Make a Will

Oliver is a Solicitor (SRA number 372772) and a Trust and Estate Practitioner (TEP). He qualified in 2006 and he is founder at Make a Will, Make a Will Online, Digilegal Trustees and Capacity Vault. It is his mission to bring proper, solicitor-checked wills within reach of every family. He personally drafts and oversees the review of many of the guides on this site.

Verify Oliver’s credentials: Law Society · SRA register · STEP directory

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