What should you do when a British citizen abroad? Nicola Nottidge of Birketts LLP explains how to report the death of an English or Welsh citizen abroad and what happens after it’s been reported.

How do you report the death of a British citizen abroad?

When someone dies abroad, the death must be registered with the local authorities in the country where the person died. To do this, you can either contact

• the British embassy, high commission or consulate in the country where the death occurred
• contact the Foreign, Commonwealth & Development Office (FCDO) in London on 020 7008 5000

Both will be able to help with the registration process, including advising who should report the death, where to register the death and the time limit for doing so.

In the UK, the person responsible for registering the death is usually a relative. If there are no relatives who qualify, any person present at the death is responsible. This is usually the same for reporting deaths abroad.

Do you need to register the death of a British citizen abroad in England and Wales?

You do not need to register the death in England and Wales if the death took place abroad. However, if the burial, cremation or interment of ashes is to take place in England and Wales, a British death certificate or ‘certificate of no liability to register’ will be required. This can be obtained by presenting the foreign death certificate to a UK register office in the area where the funeral is taking place.

If the foreign death certificate is not in English, it will need to be officially translated to be used when applying for a British death certificate and when dealing with the deceased’s UK-based assets. If the death is registered with the British embassy, high commission or consulate in the country where the death took place, it might be possible to obtain a British death certificate directly from them.

Can you bring the body or ashes to England and Wales if someone dies abroad?

In most cases it is possible to bring a body or ashes to England and Wales from abroad (known as repatriation) and the funeral does not have to take place in the country where the person died.

If you want to repatriate the person who died to England and Wales, you will need an international funeral director who can assist with the transporting of bodies. The FCDO can also assist with bringing the body or ashes home.

You can check a list of funeral directors that specialise in transporting bodies to and from abroad. The funeral director will normally deal with the arrangements and legal requirements on your behalf, including:

• informing the coroner in the country where the person died
• informing the coroner in England and Wales if the death was violent or unnatural
• the repatriation itself

The death certificate will be required to transport the body and, if it is ashes being transported, a certificate of cremation will also be needed. Each country has its own rules about departing with human ashes and there may be additional requirements.

Some airlines permit ashes to be carried as hand luggage, but each airline and shipping company has its own regulations and rules for transporting bodies and ashes which should be checked before making travel plans. Upon arrival in the UK, a coffin will have to be opened to be inspected, as standard procedure.

What happens after the death has been reported?

The deceased’s will should be the first place the family check to see if the deceased recorded any wishes about the type of funeral they would like and whether they would prefer to be buried or cremated. However, it should be noted that funeral wishes in a will are not legally binding and it is down to the executors of the will (the person(s) named in the will to deal with the estate) to make funeral arrangements.

Once the death has been reported, the deceased’s estate (money, property and possessions) will need to be administered by:

• the executor(s) of the will (if there is a will)
• the deceased’s family (if there is not a will) – there is a set order of who this will be, known as the rules of intestacy

There can be many legal responsibilities of an executor of a will, including:

• registering the death
• arranging the funeral
• valuing the estate
• paying any inheritance tax
• applying for probate
• sorting the deceased's finances
• placing a deceased estates notice
• distributing the estate
• keeping estate accounts

About the author

Nicola Nottidge is an Associate at Birketts LLP who advises on a wide variety of private client matters including UK succession and tax planning for individuals.

See also

Why you should make a 'foreign will' for assets abroad

What is the Tell Us Once service when someone dies?

A brief guide to wills and estates in France

A brief guide to wills and estates in Spain

What are the responsibilities of an executor?

Find out more

What to do if someone dies abroad (GOV.UK)

Find a British embassy, high commission or consulate (GOV.UK)

Register a death (GOV.UK)

Find a register office (GOV.UK)

Death abroad - bereavement packs (GOV.UK)

Image: Getty Images

Publication date: 22 October 2020

Any opinion expressed in this article is that of the author and the author alone, and does not necessarily represent that of The Gazette.