Death and the Law in England and Wales

When someone passes away - legally, what do you have to do? In this episode, Dr Joelle Grogan and guests look at the host of legal obligations that have to be considered in England and Wales from declaring a death, to the circumstances in which a coroner becomes involved, dealing with a dead person’s estate and the grant of probate. Note that in Scotland, different laws and rules apply. The Procurator Fiscal investigates all sudden, suspicious, accidental, unexpected and unexplained deaths and any death occurring in circumstances that give rise to serious public concern. Also in Scotland, "Confirmation of Executors" - also known as Confirmation - gives someone the legal authority to manage and distribute a deceased person's estate. It is similar to probate, but some procedures and terms used in the process differ. Also on the programme: A teenage boy recently lost a High Court case against his parents. He was unhappy that they had placed him in a Ghanaian boarding school because they feared that he was becoming involved in criminal activity in London. The case rested on parental responsibility, and the judge ruled that their actions were within the scope of decisions that parents can make - and that the state shouldn't intervene. But what is "parental responsibility" and is there a situation where a child can divorce their parents? Presenter: Dr Joelle Grogan Producer: Ravi Naik Editor: Tara McDermott Contributors: Rachel Roche, from Roche Legal in York Dr Imogen Jones, Associate Professor in Law at the University of Leeds Melinda Giles, Law Society Council member and part of their Wills & Equity Committee Tracey Moloney, from Moloney Family Solicitors

You can listen to Death and the Law in England and Wales online on Radio and Podcast. Open the player on this page to stream the available audio.

Death and the Law in England and Wales is an episode from Law in Action by BBC.

This episode is 28:27 long.

This episode was published on Apr 2, 2025.

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