THE novel coronavirus pandemic has caused us to be traversing a time when we are frequently experiencing the death of loved ones, along with other illnesses. Unfortunately, because of this sad reality, we have to put our minds in a state of readiness. Grief and lack of proper guidance cause us to make bad decisions when we have a death in our family. The first thing to do, therefore — rather than borrowing from a microfinance company — is to immediately surround yourself with loved ones and a lawyer who can help you to think effectively and strategically. Doing this can save you thousands of dollars in high interest payments.

The following are common questions which should be asked:

How and when do we register the death of the deceased?

1. A doctor should issue the medical certificate, which states the cause of death. The death then needs to be recorded formally with the Registrar General’s Department.

2. This registration must be done within five days, unless the coroner is probing the death, and no later than 12 months after the death. If a death is not registered within 12 months, the registrar general’s permission is needed to conduct a late registration of death.

When do I get the death certificate?

The registrar issues an official copy of the register, called a certified copy of death certificate, after the person registering the death signs the register. It is best to apply for at least three (3) copies of the death certificate.

Can I use a burial order to make a claim?

Financial institutions will require the original death certificate. However, government agencies may accept a burial order.

Where can we get money to pay for the funeral?

The National Insurance Scheme (NIS) has a funeral grant programme to provide financial assistance for the burial expenses of the deceased.

Death-related benefits are available for the following categories:

(a) The Special Child’s Benefit is for children under the age of 18 years whose mother is deceased and whose father’s whereabouts are unknown. The financial assistance is given to the person who has guardianship of the child upon the mother’s death.

(b) The Orphan’s Benefit is for children under the age of 18 years who have deceased parents who were married or in an established common law relationship. The financial assistance is given to the person who has guardianship of the child upon the death of the parents.

(c) The Employment Injury Death Benefit is payable to the next of kin of a deceased contributor whose death was a result of an accident on the job or a disease prescribed by the National Insurance Act.

(d) The Widow’s and Widower’s Benefit can be claimed by the spouse or common law union partner of a deceased who is an NIS contributor or pensioner.

How can we pay bills without access to the deceased’s bank account?

When a person dies intestate, that is, without leaving a last will and testament, and has left cash assets held by an institution and these funds are needed for the burial, you can make an application for assistance from the Administrator-General’s Department. However, this will attract a processing fee of $1,500.00. The Administrator General’s Department will, on your behalf, authorise the release of the funds to the funeral home for burial expenses. However, you must show the death certificate and invoice from the funeral home along with other documents.

Can I still use the joint account I had with the person who has died?

The right of survivorship applies to joint bank accounts. This means that upon the passing of one account holder, the account funds will go to the surviving account holders in equal portions. Additionally, the account will not need to go through probate before it can be transferred solely to the surviving party. Therefore, no proof of death certificate is required to make a withdrawal. However, if you wish to close the account, you will need to provide proof of death to your financial institution for this to occur.

Do I have to wait for probate to make a claim for money from the deceased’s life insurance policy?

If you are the named beneficiary under the policy of the deceased, you don’t need probate. All you need to do is contact an agent of the insurance company that is named on the policy and the insurance company will walk you through the process to make your claim.

What if the deceased had a critical illness plan and died before making a claim on the said plan? Can the beneficiary make a claim for money under this plan?

If it is a complex plan, yes, but if it is a different type of medical plan, you may only receive what was contributed. However, you will have to speak with an insurance agent for more information on whether you can receive such a claim.

The deceased had a policy with his company. Can I receive the money?

You can receive the monies if you are the named beneficiary and you have proof of death. You will need to contact the human resource department or the manager at the deceased’s place of work to ensure that the policy is properly in place and to find out what is required.

Venice Williams-Gordon is a partner/attorney at Lewis, Smith, Williams & Co. Email: vwilliams@lswlegal.com