Embed Size (px)
Citation preview
Disclaimer: This information is provided by the British Government for the convenience of enquirers but neither Her Majesty’s Government nor any official of the Consulate General take any responsibility for the accuracy of the information, nor accept liability for any loss, costs, damage, or expense which you might suffer as a result of relying on the information supplied. It is not a substitute for obtaining your own legal advice.
Belgium
Bereavement Information Pack
Prepared by British Consulate General Brussels November 2017
https://www.gov.uk/government/world/belgium
2
Contents: Introduction to the Bereavement Information Pack 3
Local Information 3
First Steps – Appointing a Funeral Director 4
Registering a Death in Belgium 4
Cause of Death 5
Repatriation 5
Repatriation of Ashes 6
Local Burial or Cremation 6
UK Coroners 6
Natural/Accidental Deaths 7
Murder, Manslaughter, Unlawful or Suspicious Deaths 7
Release of Information 7
Organ Donation/Medical Science 7
Legal Aid 8
Victim Support 8
Informing UK Authorities 8
Registering a death with UK Authorities 8
Contact Us 9
Additional Support 10
Annex 1 - Useful Links
Annex 2 - Local Funeral Directors
Annex 3 - International Funeral Directors
Annex 4 - Required Information for local Funeral Director
Annex 5 - Useful Words and Translations
3
Introduction The death of a relative or friend can be a traumatic experience. When the death happens abroad, family and friends in the UK can feel additional distress as they are unfamiliar with foreign procedures or may be unable to communicate in the local language. The Consular Directorate of the Foreign and Commonwealth Office and consular officers at the British Consulate General in Brussels are ready to assist and provide advice where they can. You may be uncertain about what to do next or who to contact for advice. This Information Pack is designed to help you through the practical arrangements you will need to make. Whilst great care has been taken in compiling this document, the contents are not meant to be a definitive statement of the law, nor are they to be taken as a substitute for independent legal advice. In addition to this guide, you will find the accompanying documents Death Overseas and Guide for Bereaved Families online, which will provide you with further information and support.
Local Information You should be aware that Belgian procedures differ significantly to those in the United Kingdom and that, while we understand your need for arrangements to be made quickly, this may not always be possible. Belgium operates a federal system of government which segregates power into three levels; the federal government, the language communities, and the regions. It is important to note from this that geographically, Belgium is split linguistically and therefore, whether you most likely need to communicate in French, Dutch or German will depend on the local municipality. You can also find translations of commonly encountered words and phrases in Annex 5. English is widely spoken.
4
First Steps - Appointing a Funeral Director A relative or formally appointed representative/next of kin must instruct a funeral director in Belgium. A list of Belgium-based, English-speaking funeral directors can be found in Annex 2. If the deceased was insured, you should immediately contact the insurance company to establish if they are able to cover for the repatriation expenses. The insurance policy number and the associated 24hr medical emergency contact number are needed. The insurance company will normally appoint an International funeral director who will liaise with your appointed local funeral director to arrange repatriation. If there is no insurance cover, funds for repatriation or local burial/cremation will need to be met by the family. Neither the Foreign and Commonwealth Office, nor the British Embassy/Consulate General has budgets to meet these costs. If it is difficult for you and your family to pay the full fees at once, there may be a possibility to pay the costs in instalments; this option is important to explore when you instruct a funeral director. Some funeral directors may ask you for a deposit. If you are resident in the UK, you may be able to apply for a Funeral Payment if you have difficulty paying for the funeral.
Reporting a Death in Belgium
A death must be reported and registered at the earliest possible opportunity, although there is no official time limit. It must be reported to an officer at the local municipality (commune/gemeente) where the death took place. The death must be reported in person by two adults who are not necessarily relatives of the deceased; this can usually be arranged by the appointed funeral director. Annex 4 contains information generally requested in order to register a death. Your appointed funeral director, when registering the death, can arrange for a Belgian Death Certificate to be issued. There are 3 types of death certificates that can be issued, the extract (extrait de acte/akte), the copy (copie de acte/afschrift van de akte) and the international version. The ‘copy’ version is the full certificate and the one which is officially recognised in the UK although the international version may also be accepted by a number of institutions. To help with administrative matters you should ask the funeral director for several extra copies of the local death certificate.
5
Cause of Death It is important to know that, unlike in the UK, the cause of death is never noted on a Belgian Death Certificate. This can be problematic in the UK, as it is often necessary for British authorities or organisations to have confirmation of this. If the death occurred in hospital: the next of kin will need to make a request for partial access to the medical file. In Belgium, the law covering patients’ rights states that after a death the next of kin has no right to direct access of the medical file. To obtain partial access, a request must be made through the hospital in question. Although procedures differ slightly from hospital to hospital, in general, the next of kin will need to appoint a medical professional (e.g. a General Practitioner) to carry out the request. At an appointed time, the medical professional can have ‘on the spot’ access to the file; he/she can note specific details of the file but is prohibited from taking any photocopies or photographs. In most cases the hospital’s website will contain details of their procedure, or you can direct your request to the social welfare department. If the death occurred outside a hospital: the next of kin should seek to obtain a letter from the doctor who signed the medical certificate, with an explanation of the cause of death.
Repatriation Local funeral directors in Belgium are equipped to carry out procedures for repatriation and can provide you with all the necessary information about this service. On occasion, they might advise the family to also enlist an international funeral director with whom they can liaise; Annex 3 in this guide contains a list of UK based international companies. If the deceased was covered by travel insurance, the insurance company will provide advice on the procedures and which companies they normally work with. The initial registration of the death with the local commune remains the same. Thereafter the local funeral director should be able to provide you with the necessary documents needed for repatriation.
In addition to the Death Certificate and embalming certificate, additional documentation will be provided for the sealing of the coffin. The coffin will be sealed and verified by the police or an officer of the local municipality. A transfer licence, issued by the Ministry of Public Health and a medical certificate is also required, stating that the body has no infectious diseases. All documents issued will accompany the coffin. Some countries insist that the body be embalmed before travel. Information regarding this can be provided by the funeral director instructed in the receiving country. Likewise they should also provide the necessary paperwork to confirm acceptance of the body. Please note: If a UK Coroner requests an autopsy in the UK, embalming might hinder some autopsy results. You should discuss this with your locally appointed funeral director.
6
Repatriation of Ashes
If you wish to have the ashes returned to the UK, after local cremation has taken place, you may do so; there are no restrictions on the movement of ashes to the UK. You will need to inform the local Belgian funeral director and/or crematorium before cremation takes place. They should help you with the required paperwork. The following three documents are required to accompany the urn:
- Death Certificate - Authority to remove the remains (issued by the local authority) - Cremation certificate stating the ashes are to be taken out of Belgium
Local Burial or Cremation If you wish for the deceased to have a local burial/cremation, you will need to instruct your funeral director as such; they can make the necessary arrangements. A ceremony can be organised by the funeral director or a registered celebrant and you may make specific arrangements depending on your cultural and/or religious beliefs. Many local authorities allow for ashes to be scattered in certain publically owned areas but you should check with the presiding authorities and comply with local restrictions.
UK Coroners
When a person is repatriated to England or Wales from Belgium, a coroner will only hold an inquest if the death was violent, unnatural, sudden or the cause unknown. As the cause of death is not given on the Belgian Death Certificate, the coroner may still order a post mortem as part of the inquest (even if a post mortem has been carried out in Belgium). The coroner will not have access to the Belgian police/judicial file but can request a copy of all reports through the Foreign and Commonwealth Office, Consular Directorate. These reports will only be provided once the Belgian judicial process (if applicable) has been completed. In some instances this can take many months. If a cremation takes place abroad and the cremated remains are brought back into England or Wales, the coroner cannot become involved. In Scotland, the Crown Office and Procurator Fiscal Service (COPFS) deals with the investigation of all sudden, suspicious, accidental, unexpected and unexplained deaths which occur in Scotland. The COPFS does not have the jurisdiction to investigate deaths that occur outside Scotland apart from in a few limited circumstances. Generally these circumstances include: terrorism, cases where the death may have been caused in Scotland but the person died outside Scotland, and cases where the death was a result of murder or culpable homicide caused by another British Citizen or subject. Coroners in Northern Ireland operate similarly to those in England and Wales. They are not obliged to hold an inquest into cause of death, however the next of kin can apply for a judicial review if no inquest is held. You can find further information about the role of UK Coroners online.
7
Natural/Accidental Deaths In the case of a natural or accidental death no inquest and no post mortem would be held in Belgium; although it is still possible for the next of kin to request this. It is important to mention that this would need to be self-funded and can be expensive.
Murder, Manslaughter, Unlawful or Suspicious Deaths If the death is deemed suspicious the Court will appoint an Examining Magistrate. If the Examining Magistrate is not satisfied after a preliminary investigation then a further investigation, perhaps including a post-mortem, may be requested. Only once the Examining Magistrate has concluded the investigations and a cause of death has been determined, will permission for burial be issued. In Belgium, post mortems are carried out by a wetsdokter/médecin légiste (coroner) appointed by the ‘procureur du roi/procureur des konings’ (public prosecutor). The system under which they operate is very different to the UK; autopsies are rarely performed and are not highly regulated. If a post- mortem is carried out, organ removal (including tissue and toxicology tests) can be carried out without consent from the next of kin; the next of kin cannot legally object. After the post-mortem is completed, all organs have to be replaced in accordance with the Belgian ministerial directive of 16 September 1998 from the Minister of Justice.
Release of Information Access to information concerning the inquest into a death, including the post-mortem and police reports is restricted. The Belgian authorities will not provide this information directly to next of kin or to third parties so any requests by interested parties must be made through a legal representative. You can find a list of lawyers in Annex 1. They will only release this information to the British Consulate General, for the attention of the UK Coroner. The release of any information will only occur once the Belgian inquest has concluded. This usually takes several months and, in some more complicated instances, years. It will be in Dutch, French or German.
Organ Donation/Medical Science Belgian Law covering organ donation applies the principle of ‘presumed consent’; a person who is registered as living in Belgium for more than six months is presumed to give consent to organ donation unless their objection is registered with the local authorities. Donation for the purpose of scientific research can only occur if the person has explicitly consented beforehand.
8
Legal Aid
British Nationals who are unable to engage the services of a lawyer privately can apply for free legal aid. If you are in the UK this can be through the Legal Aid Agency in London; they offer help with your application from a publicly funded solicitor, including getting documents translated. For specific legal aid abroad you can email [email protected] If you are resident in Belgium you can apply for free legal aid from any of the Barr associations in
Belgium. Please see the List of lawyers in Belgium for a list of contacts. They provide free legal
advice as well as court representation and grants of legal aid funds to pay for a legal aid lawyer.
Victim Support Victim Support Europe (VSE) is the leading European umbrella organisation advocating on behalf of all victims of crime, no matter what the crime, no matter who the victim is, support and assistance in the aftermath of crime, regardless of whether or not the crime is reported to the police.
Informing UK Authorities The Belgian issued Death Certificate (copie de acte/afschrift van de akte) is accepted by all UK authorities although you may need to obtain a translation depending on the individual organisation. The International version of the Belgian Death Certificate is also widely accepted, although not considered the official death certificate. When informing any UK authorities there is an option to use the ‘Tell Us Once’ service. This lets you report a death to most government organisations in one go. You can use the Tell Us Once service if the person died in Belgium. For more information about dealing with taxes, benefits and which organisations you may need to contact, please see the specific gov.uk pages. If the person was receiving a pension or other benefits in Belgium, you will need to contact the International Pension Centre. It is important that the passport of the deceased is cancelled in order to avoid identity fraud. In order to do this, the passport should be returned to the HM Passport Office with the accompanying form. If you wish, you can request to have the passport returned to you after cancellation.
Registering a Death with the UK Authorities You can choose to register the death of a British National with the UK authorities. This is an optional step. As this guide mentions, the Belgian issued Death Certificate will be accepted in the UK. This separate process of registering the death with UK authorities means:
- the death will be recorded with the General Register Offices (for England, Wales and Northern Ireland) and the National Records Office of Scotland
- you can order a consular death registration certificate
9
Contact Us British Consulate General Brussels Avenue d’Auderghem 10 Brussels 1040 Tel: 0032 2 287 6211 Email: [email protected] Foreign and Commonwealth Office Consular Directorate King Charles Street London SW1A 2PA Tel: 0044 20 7008 0081
10
Additional Support
There are a number of organisations in the UK and Belgium that can help bereaved families and friends come to terms with the death of a loved one, whether that death was natural or otherwise. SAMM Support after Murder and Manslaughter - supports families bereaved by Murder and Manslaughter. Tel: (0044) (0)121 451 1618/ (0044) (0)845 872 3440 Email: [email protected] BRAKE Campaigns for safer roads and supports people bereaved or injured in road crashes. Tel: (0044) (0) 808 8000 401/ (0044) (0)1484 559 909 Email: [email protected] Survivors of Bereavement by Suicide Helpline and other support services offered by a self help group for people bereaved by suicide. Tel: (0044) (0)300 111 5065 Email: [email protected] The Compassionate Friends TCF offers many different kinds of support for bereaved families. Tel: (0044) (0)345 123 2304 NI (0044) (0)288 77 88 016 Email: [email protected] Cruse Bereavement Care Offers support, advice and information to children, young people and adults when someone dies and works to enhance society’s care of bereaved people. Tel: (0044) (0) 808 808 1677 Email: [email protected] The Coroner's Support Service Offers emotional support and practical help to bereaved families, witnesses and others attending an Inquest. Tel: (0044) 300 111 2141 Email: [email protected] VICTIM SUPPORT Delivers tailored support to help people recover from the effects of crime and traumatic events. Advocate on behalf of victims’ rights and ensuring their needs are met b the criminal justice system. Tel: (0044) (0)845 30 30 900 VICTIM SUPPORT BELGIUM Tel: (0032) (0)2 231 0112 email: [email protected] CHS Belgium English speaking helpline and Mental Health Centre which can offer a variety of support and information. Tel: (0032) (0)2 647 6780 (Office)/ (0032) (0)2 648 4014 (Helpline) Email: [email protected]
11
Annex 1 - Useful Links Guide for Bereaved Families – A leaflet
List of funeral directors in Belgium
List of lawyers in Belgium
List of international funeral directors in the UK
List of translators in Belgium
The Coroner's Society of England and Wales
Coroner's Service of Northern Ireland
Crown Office & Procurator Fiscal Service Scotland
The Law Society
The Notaries Society
12
Annex 2 - List of Local English Speaking Funeral Directors Further information about each company can be found using our online list.
Mortuary Brussels Airport Worldwide Funeral Repatriations Bedrijvenzone Diegem – Luchthaven 49 1831 Diegem T: 02 720 80 00 F: 02 720 88 22 E: [email protected] W: www.repatriations.com
Cispa Brugsesteenweg 583 9030 Gent T : 09 227 73 37 E : [email protected]
Funeral H. Bouvy & Fils Rue Jean Paquot 66 1050 Brussels T : 02 648 40 68 F : 02 646 55 56 E : [email protected]
Funerarium van Bellingen Sint Vincentiusstraat 16 1140 Brussels T : 02 216 02 06 E : [email protected]
De Cock (Firma) NV De Bruynlaan 177 2660 Antwerp T : 03 827 34 77 F : 03 828 13 49 E : [email protected]
Robert De Hertogh Heembeeksestraat 280 1120 Brussel T : 02 268 57 55and 02 262 07 60 E : [email protected]
Mommens Rue de Tervaete 35A 1040 Brussels T : 02 733 36 08 F : 02 733 15 08 E : [email protected]
Uitvaartcentrum De Smet Pompstraat 1 2000 Antwerp T : 03 231 4590 E : [email protected]
Wyns Rue aux Laines 89 1000 Brussels T : 02 538 15 60 F : 02 538 24 73 E : [email protected]
13
Annex 3 - List of International Funeral Directors Further information about each company can be found using our online list.
Albin International Repatriation Ltd 51 Neptune Road London SE19 7JP T: 020 7313 6920 F: 020 7313 6920 E: [email protected] W: www.albininternational.com
Co-operative Funeral Care International 221 Upper Richmond Road London SW15 6SQ T : 020 8729 0029 E : [email protected] W: www.co-operativefuneralcare.co.uk
Haven Funeral Services 13 The Broadway Gunnersbury Lane London W3 8HR T : 020 8993 8767 T : 0800 783 4044 E : [email protected] W: www.havenfunerals.com
Homeland International Rampion House Marchants Way Burgess Hill West Sussex T : 01444 230430 T: 0800 008 6867 E : [email protected] W: www.homeland-international.co.uk
National Association of Funeral Directors (NAFD) 618 Warwick Road Solihull B91 1AA T : 0121 711 1343 F : 0121 711 1351 E : [email protected] W: www.nafd.org.uk
National Society of Allied Independent Funeral Directors (SAIF) 3 Bullfields Sawbrigeworth Herts CM21 9DB T : 01279 726 777 F : 01279 726 300 E : [email protected] W: www.saif.org.uk
Roland Brothers International 299-305 Whitehorse Road Croydon CR0 2HR T : 0800 917 3585 T : 020 8684 2324 E : [email protected] W: www.rowlandbrothersinternational.com
14
Annex 4 – Useful Information For Your Local Funeral Director Information required for local funeral director (this form is designed to make it easy for your appointed funeral director to have all necessary information)
Date & Place of Death: Surname: First Names : Maiden Name : Address : Date & Place of Birth : Nationality : Occuption: Father’s Full Name : Living or Deceased ? Mother’s Full Name: Living of Deceased? Parents’ Address Civil Status (Single/Married/Divorced/ Widowed)
Name of Spouse : Spouse’s Date & Place of Birth: Date & Place of Marriage: No of Children: If Minors, names & dates of births:
Name of cemetery: Cremation/Burial
15
Annex 5 – Useful words and translations
English French Dutch German Registering a Death Déclaration de Décès Overlijdensaangifte Todesanzeige
Date/Place of Death Date/Lieu du Décès Datum/plaats overlijden Todesdatum und -ort
Surname Nom Naam Nachname First Name(s) Prénom(s) Voornamen Vorname
Maiden Name Nom de jeune fille Meisjesnaam Mädchenname
Address Domicile Adres Adresse Nationality Nationalité Nationaliteit Nationalität
Occupation Profession Beroep Beruf
Civil Status Etat Civil Burgerlijke Stand Familienstand
Single Célibataire Ongehuwd Unverheiratet(e) Married Marié(e) Gehuwd Verheiratet
Divorced Divorcé(e) Gescheiden Geschieden
Widowed Veuf/veuve Weduwnaar/Weduwe Witwe(r) Spouse Conjoint(e) Echtgeno(o)t(e) Ehegatte/Ehegattin
Marriage Mariage Huwelijk Eheschließung
Children Enfants Kinderen Kinder
Name of cemetery Lieu d’inhumation Begraafplaats Bestattungsort Burial Inhumation Begraving Erdbestattung
Cremation Incinération Crematie Feuerbestattung
Coroner Coroner Lijkschouwer Bestatter
Repatriation Rapatriement Repatriëring Rückführung Ashes Cendres As Asche
Urn Urne Urne Urne
Funeral Funérailles Begrafenis Beerdigung Embalming Embaumement Balseming Einbalsamierung
Death Certificate Acte de décès Overlijdensakte Sterbeurkunde
Local Municipality Municipalité locale Lokaal Bestuur Gemeindeverwaltung Hospital Hôpital Ziekenhuis Krankenhaus
Cause of Death Cause de décès Doodsoorzaak Todesursache
Medical File Dossier médical Medisch dossier Medizinische Unterlagen Next of Kin Proches parents Naaste familie Nächste Angehörige
Prosecutor Procureur du Roi Procureur des Konings Staatsanwalt des Königs Court Tribunal Rechtbank Gericht
Police Report No Numéro du Procès-verbal Proces Verbaal nummer Polizeibericht
Autopsy Autopsie Autopsie Autopsie
Natural/Death Mort naturelle Natuurlijke dood Natürlicher Tod
Suspicious Death Mort suspecte Verdacht overlijden Ungeklärte Todesursache
