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Dealing with a death in Spain
When tomorrow starts without me …

Although it is not a nice subject to broach, unfortunately it is a reality.  It is painful enough losing a relative or someone close when you are in your native country, but when you are living abroad, it is all the more difficult. Formalities are not the same as in the UK and it can be very daunting to find information and what to do in these circumstances.

Standard procedure
  • A registered doctor must certify the cause of death and issue the death certificate once he is satisfied that the death did not occur under unusual circumstances.
  • Body is then released to next-of-kin or undertakers.
  • Next-of-kin (if with deceased) will be asked for burial or repatriation instructions, otherwise, the police will inform the British Consulate to contact next-of-kin for burial instructions. Under Spanish law, instructions must be given within 72 hours of the time of death. Failure to do so may result in an Examining Magistrate ordering local burial at minimum public expense.
  • Local or UK burial or cremation must be decided.
Legal Position
Funerals do not have to be carried out the next day; this is merely a Spanish tradition, and not a legal requirement. Do not be pressured in signing any papers as they are probably funeral arrangement documentation or handing over your passports until you have spoken to the English Funeral Directors. Once you have signed an agreement it is legally binding and costly to revoke.

Repatriation
It is better to have an international undertaker deal with the formalities for repatriation of the body for burial/cremation. Spanish law requires a deceased person to be buried within 72 hours, this is usually extended for foreigners but should not take longer than a few days.
The remains for repatriation must be embalmed in the manner required by international law and placed in an inner zinc-lined coffin, which is placed in a travelling coffin. A local civil registry death certificate, plus the doctor’s death certificate (which shows cause of death), a certificate of embalming, and a certificate giving permission to transfer the remains to the UK is required to ship the body.If the family decide on local cremation the ashes are handed to them together with a certificate of the contents and there is no restriction on taking the ashes back to the UK or elsewhere within the EU.
In the case of deaths which occur through accidents, criminal acts, misadventure, etc. the doctor will submit a judicial report to a local Examining Magistrate for consideration.


For more information please contact the English Funeral Directors. They would be very pleased to arrange a meeting to answer any query that you may have and will assist you with any problem.

John 24 Hours. Mobile: 699 664 660  Telephone: 952 88 72 32
Correspondence address: Urbanización La Pachequita No.16, Benahavis 29679 (Malaga)

john@englishfuneraldirectors.com
www.englishfuneraldirectors.com


Dealing with a death in Spain
Pets and Miscellaneous | Issue 5 — February and March 2009
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