India

Actions in the event of a death and funeral arrangements

If a family member or one of your parents dies (unexpectedly), a lot needs to be sorted out and arranged urgently. But your mind is not at all ready to have to organize many difficult matters at such a tragic moment. It is therefore wise if you have noted in advance who you need to inform and what you need to arrange in the event of a death and funeral.

Very ordinary

We all know that dying is as normal as being born. Our country has approximately 17 million inhabitants and approximately 140,000 people die every year. You don’t have to memorize all the necessary actions, but it is easy if you have a list somewhere of the urgent measures you need to take if a loved one dies (suddenly). And perhaps not only from your family members, but perhaps also from your older brother or sister who does not have a partner or children who can take care of this. Be one step ahead of death in this regard.

Actions upon death

Death must be established

A doctor must confirm death (at home or in hospital) and issue a written declaration of death. This statement is necessary, among other things, for arranging the funeral.

Call in a funeral home

If the deceased had arranged a funeral company and/or funeral insurance himself, this should be engaged. If not, you must choose and engage a funeral director yourself. They immediately take a lot of worries off your hands, because they know how to act and what to do. For example, they inform authorities.

Notification of death

The family or the funeral director must register the death at the civil registry in the place where the person died, so this may be a different municipality than the place of residence. The death certificate and identity papers are required. You will then receive a death certificate, and the civil registry also informs all important government agencies such as the Social Insurance Bank, the Tax Authorities, the large pension funds, the UWV and the National Road Transport Agency.

Block bank accounts

Heirs must inform all institutions with which the deceased has a financial relationship. So banks, credit card companies, investment institutions, insurers, and pension funds. They then freeze the deceased client’s balances, including credit cards and internet banking options linked to them. No one can then make a new payment on the account of the deceased person. A power of attorney also expires upon death, so any authorized representative can no longer carry out transactions on behalf of the deceased.

Banks often make an exception for the payment of funeral costs. Direct debits, such as for energy, water and light, will also continue as normal. The surviving relatives must stop the direct debit from these companies or agencies. However, an and/or account is not blocked. The second account holder (often the partner) can therefore continue to make normal payments with this account. The bank card of the second account holder also continues to function. Sometimes (other) heirs object to this, for example if they think that the second account holder would abuse the credit in the and/or account. This could happen if one of the children is the second account holder. The joint heirs must then object to the bank.

Notary

Going to the notary is necessary for a declaration of inheritance. To be able to unblock any accounts again. It may take several weeks before the notary issues it. If the deceased had appointed an executor in the will to settle financial matters, the notary also issues a ,declaration of executor, and the person named in that declaration may dispose of the bank accounts. For small amounts of a few thousand euros, the bank does not require a declaration of inheritance. Also in other simple matters, where it is clear that the surviving spouse is entitled to the balance, proof that there is no will will be sufficient for the bank to release the account to the widower. In those cases, no notary is necessary. Such a declaration that there is no will can be requested in writing from the Central Wills Register in The Hague. If there is a will and no surviving spouse, a declaration of inheritance is necessary, just as if the deceased has his own house. The notary makes the declaration of inheritance based on the death certificate as well as an identity document of the deceased and also the marriage booklet.

Which authorities inform

  • (Former) employer and/or benefit agencies
  • Tax authorities are informed via the municipality
  • Pension fund
  • Social Insurance Bank (SVB) will be informed via the municipality
  • All kinds of insurance such as health insurance, car
  • Land registry in case of your own home
  • Housing association
  • Banks (mortgage)
  • Associations and other membership organizations
  • Subscription providers
  • Telephone, energy, cable company

 

The taxman

Four months after the death, one of the heirs will receive a request from the tax authorities to file an inheritance tax return, for which you will then be given eight months. The tax authorities also send an F form, intended for income tax returns up to the date of death. If there is a surviving spouse, it may be beneficial to combine the tax returns of both spouses. If necessary, request a postponement for completing the F form in order to be able to send the declarations together. You need the amounts from the income tax return to complete the inheritance tax return. If the income tax assessment has not yet been imposed, submit the inheritance tax return anyway to avoid a fine. Then simply leave the question about income tax open. You can later submit a supplementary tax return with the correct amount. Another option is to request a postponement of submitting the inheritance tax return. But then you must pay tax interest on the final amount of the assessment.

One day you will die too

In the worst case, that could happen today. Therefore, make sure that you have the information about yourself in an easy-to-find place, preferably this week. So which bank accounts, where do you want to be buried, who all need to be informed. In which newspapers do you want an obituary?

But of course I wish you many more years of good health.

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