Guidance

Portugal: bereavement information

Updated 20 April 2021

Disclaimer

This information is not meant to be definitive, nor is it to be taken as a substitute for independent legal advice. Neither His Majesty’s Government nor its staff take any responsibility for the accuracy of the information, nor accept liability for any loss, costs, damage or expense that you might suffer as a result of relying on the information. Some of the information may not be relevant to your circumstances. The language used is intended to be general and factual and is not meant to cause offence.

Portugal: bereavement information

Introduction

When a relative or friend dies abroad, the different procedures, laws or language can cause additional distress. You may be uncertain about what to do or who to contact.

This country specific information is designed to help you through some of the practical arrangements you may need to make. It supplements the general information on death abroad produced by the Foreign, Commonwealth & Development Office, which applies to all countries.

Please note, as each country has its own laws and customs when a death occurs, it may not be possible to make the arrangements that you prefer, or at the time you would like.

How to contact the Foreign, Commonwealth & Development Office (FCDO)

There is a lot of information below, but you may have questions. You can speak to someone by phone 24/7, any day of the year by contacting the FCDO in London on 0207 008 5000.

If you are not in the UK, you can find the contact details of the nearest British embassy, high commission or consulate online

The priority of the FCDO is to provide assistance to British nationals overseas who need the most help. The level and type of assistance they can offer is tailored to the individual circumstances of each case.

Next of kin

The next of kin of the person who died will usually need to make decisions and practical arrangements. The next of kin can sometimes appoint another person to act on their behalf.

If you are not the next of kin, they will need to be informed. If required, the FCDO can help you do this.

There is no legal definition of next of kin in the UK. Please note that if there is a disagreement over who is the next of kin, or the person who died did not choose a next of kin, this can cause additional complications.

The next of kin in Portugal is normally the closest relative, spouse/partner (including same sex unions) and/or children.

There is no legal requirement in Portugal for a death to be registered by the next of kin. In fact, a death is usually registered by the funeral director, normally appointed by the next of kin, other relatives, or in their absence, a friend.

Depending on the circumstances of death, the next of kin would be notified by the local authorities, usually the police, if the death was accidental, or the hospital.

Release of information to next of kin

The FCDO will try to obtain as much information as possible after your relative or friend has died abroad. Some of this may be only available to next of kin. Consular officers may be able to obtain this themselves, or they may put you in touch directly with the authorities overseas. They may be able to provide you with details of others who can advocate on your behalf such as lawyers, charities, or other organisations.

When death occurs by natural causes in hospital or at home where the person has been under the supervision of a doctor for a known illness, there will normally be no police or court intervention. The doctor will certify the death and register the details (including, if known, the cause of death) on a confidential database and the death certificate will not state the cause of death.

When death occurs suddenly, in suspicious circumstances or as a result of an accident, including a road traffic accident, the police will be called and they will report the facts to the Public Prosecutor (Procurador do Ministério Público) who will open an inquiry. The Prosecutor will ask for a post mortem examination to be carried out, can ask the police to investigate further and can call witnesses for questioning.

Under Portuguese law, the Public Prosecutor’s inquiry is subject to judicial secrecy. This means that the file, including police and post mortem reports, cannot be made public until the inquiry has been concluded. This can take several months. The next of kin, legal representative or Consulate can apply for a copy of the file but this will not be released until the end of the inquiry.

Insurance

It is very important to check if the person who died had insurance. If they had insurance, contact the insurance company as soon as possible. They may have a list of approved funeral directors to help you make arrangements, or be able to cover some of the costs.

If the person who died did not have insurance, the next of kin will usually have to appoint a funeral director and will usually be responsible for all costs. The FCDO cannot help with these costs.

Appointing a funeral director

If you decide to bring the deceased to the UK for the funeral or cremation, you may only need to appoint an international funeral director. The FCDO produces a list of international funeral directors based in the UK.

If you decide to hold a funeral or cremation in Portugal, you can find a list of funeral directors in Portugal on our website.

It is the next of kin’s responsibility to appoint and instruct a funeral director as soon as possible after being notified of the death, by making direct contact with them. Once the funeral director has the next of kin’s signed authority to proceed, the funeral director will liaise with Portuguese authorities to organise funeral arrangements, cremation, burial or repatriation and assist with the issuing of the deceased’s death certificate.

Payment for these arrangements is a private agreement between the next of kin and the funeral director. Services offered vary from agency to agency so we would recommend that you make enquiries with several different funeral directors to find the one who can best assist you.

In Portugal, a burial or cremation takes place within 72 hours of death or 48 hours after the post mortem examination (if one is required).

The local funeral director may liaise with the funeral director in the UK. Please note that in order to sign consent and give instructions to a funeral director in Portugal, the next of kin does not need to be physically in Portugal and may keep in direct contact with the funeral director via telephone or email.

In order to appoint a funeral director, next of kin can contact an International Funeral Director Agency in the UK or an English speaking Funeral Director in Portugal.

Registering the death and obtaining a death certificate

You will need to register the death with the local authorities - Conservatória do Registo Civil in Portugal. The funeral director can do this for you. You will need your passport and the passport of the person who has died. You will also normally need to know the marital status of the person who has died and their parents’ names.

The local authorities will need to be told if the person suffered from an infectious condition such as hepatitis or HIV so they can take precautions against infection.

You do not need to register the death with the UK authorities. The local death certificate can usually be used in the UK for most purposes, including probate. If it is not in English, you will need to obtain and pay for an official translation.

The funeral agent can also obtain copies of the death certificate for you. Portuguese death certificates are available in two formats (certificates may be issued as soon as the death is declared):

• a full form death certificate (Assento de Óbito) in Portuguese language

• an international form which confirms the death in several European languages, including English

Additional copies of the local death certificate can be obtained as follows:

• option 1: apply via your nearest Portuguese Consulate (only available if resident outside of Portugal)

• option 2: apply online on the Civil Online website

Please note that this website is in Portuguese language only. Anyone may order and consult online certificates of registration of death through the services “Online Certificate Request” and “Certificate Consultation”. The information requested is made available online for a period of six months, from the date of issue of the certificate.

The certificate is issued by providing an access code to the information in electronic support, which allows unlimited access to anyone who requests it, during the six months period. The access code to the online certificate can be given to any public or private entity and it has the same legal value of a certified copy in paper format.

See our step by step guide on how to order Portuguese online certificates

• option 3: apply in person at any Civil Registration Office in Portugal

For more information on death registration in Portugal, consult the civil registration authority´s website

Please note that the cause of death is not stated on Portuguese death certificates

As next-of-kin, you have a right to know the cause of death. This information is obtained as follows:

Death has occurred at a hospital after a long illness and there is no post mortem examination, or you have authorised a post mortem examination for clinical purposes

Apply to the hospital administration for a declaration of cause of death

Death has occurred suddenly and there is a mandatory post mortem examination for legal purposes

Apply to the Public Prosecutor who is conducting the inquiry into the death for a copy of the post mortem report. These procedures may take some time. If there has been a post mortem examination, the cause of death might not be known for some months and the post mortem report will not be released until the Prosecutor has concluded the inquiry.

Consular death registration

You do not have to register the death of a British national that occurs overseas with the UK authorities. You may, however, apply for a consular death registration. This is not mandatory and cannot be used instead of a death certificate from the country where the person died. If you wish to do this, you can find more information on registering a death and apply online.

Post mortem examinations (autopsies)

Post mortem examinations are compulsory in Portugal where death has occurred suddenly, in suspicious circumstances or as a result of an accident, including a road traffic accident. They are requested by the Public Prosecutor and they are part of the inquiry into the causes and circumstances of the death. Death inquiries in Portugal are held solely with a view to establishing whether anyone can be held responsible. The Public Prosecutor will only dispense with the need for a post mortem examination if there is sufficient evidence available to conclude that the death did not occur as the result of negligence or a criminal act.

Post mortem examinations are usually carried out within 3-4 working days of the death. Examinations are held at the Medical Examiner’s Office closest to the place of death. On conclusion of the examination, the pathologist will register the details on a confidential database and the body will be released for burial/cremation. If the deceased is to be cremated, authority for this has to be given by the Public Prosecutor. This will be obtained by the funeral director.

Post mortem examinations normally include toxicological and histological tests for which blood and tissue samples are collated for further analysis. Until such time as the results of these tests are known, the cause of death will normally be recorded as being “under study” or “unknown”. This will not delay the release of the body for burial or repatriation, but it will mean that you will not have confirmation of the cause of death for some months.

Once these complementary tests are finalized, the pathologist will retain a sample of the blood and tissues taken and destroy the rest. The sample is kept until the inquiry has been concluded and the Public Prosecutor orders its disposal.

The next of kin would be notified of the death by the police and s/he can apply to the Public Prosecutor who is conducting the inquiry into the death for a copy of the post mortem report.

Mortuary facilities

In Portugal there is usually no requirement for the next of kin to identify the deceased, as long as the passport of the deceased is available.

If a relative would like to see their loved one, they need to inform the funeral director in advance, so they can make arrangements with the mortuary.

Burial, cremation, repatriation

The next of kin of the person who has died will usually need to decide between a local burial, cremation or bringing the person home, which is known as repatriation. Your local funeral director will usually be able to explain the options available, the costs, and help you make arrangements. Burial or cremation takes place in Portugal usually within 72 hours of death or 48 hours after the post mortem examination. The law does not specify a timescale for repatriation, so the next of kin needs to give consent to the local funeral director, who will assist with the repatriation arrangements.

If no one can cover funeral costs, there may be an equivalent to a “pauper’s funeral”, where local charities may be asked to become involved by the local authorities.

Return of personal belongings

If the person who died had insurance, check with the insurance company if this covers the return of their personal belongings.

Any personal belongings found on your relative at the time of their death will be handed over to you or taken by the police and handed to you or to the court handling the death inquiry.

A local funeral may be able to assist the next of kin with the return of belongings, but this is a private arrangement and it is at their discretion.

Please note, the British Embassy/Consulate cannot take responsibility for the personal belongings of the person who died and cannot store, collect or forward personal belongings on your behalf.

Steps to take in the UK

You can find more information on the steps to take in the UK online. This includes information on arranging the funeral, telling the government about the death, UK pensions and benefits, and dealing with the estate of the person who died. There is a step-by-step guide on gov.uk.

British passport cancellation

In order to avoid identity fraud, the passport of the person who died should be cancelled with HM Passport Office (HMPO). To do this, you will need to complete a “D1 form”.

The form and HMPO address details where to send the passport are available here

If you plan to repatriate the person who died to the UK, you may require their passport to do this. In these circumstances, you should cancel the passport after they have been repatriated.

Child deaths

When a child dies the investigation is usually carried out in the same way as a death of an adult. If the death is accidental or suspicious, an inquest will be opened. Social services may be involved depending on the circumstances, especially if the child was already at risk and the local authorities had been made aware. The local funeral director will be able to assist with the repatriation arrangements and obtain the necessary authorisations from the local authorities.

Deaths in road traffic accidents

The Portuguese police will hold a full investigation into any death involving road traffic accidents and will report the facts to the Public Prosecutor, who will open an inquiry.

If your relative has died in a road traffic accident and you are resident in the UK, we can contact, with your permission, the UK road safety charity Brake to ask for their support on your behalf. Alternatively, you may wish to call them yourself on their helpline: 0808 8000 401.

Brake is a road safety charity that provides dedicated support for people bereaved or seriously injured in road crashes. The FCDO is working in partnership with Brake to ensure British people bereaved through road crashes abroad can access specialist support. The Brake helpline no. 0808 8000 401 or email [email protected] can offer a range of support, including:

• providing a listening ear, so you can talk about what you’re going through
• providing advice on how to cope with the terrible shock and trauma
• helping you understand procedures, such as how to seek legal help and court cases
• liaising with officials on your behalf if you’re finding it difficult to get answers or don’t have the energy to speak for yourself
• helping you access face to face support and counselling from experts
• putting you in touch with other support groups or people who have been bereaved in a road crash

Deaths investigated as murder or manslaughter

If the local police have confirmed that they are investigating the death as a murder or manslaughter a dedicated team within the FCDO will be available to provide support, including by referring you to a specialised organisation. You can find more about how the FCDO can help with murder and manslaughter abroad.

You should note that if the deceased is repatriated to parts of the UK a coroner or procurator fiscal may decide to hold an inquest. See the section on “UK Coroners and Inquests” below.

If a death is regarded as suspicious, the police will investigate in full. If a perpetrator is identified, they will be charged by the relevant Public Prosecutor and may be detained until the trial hearing. The time from arrest to trial can be lengthy and an average case will take between 12 and 24 months, although in some especially complicated cases this can take a period of years.

In Portugal there are no family liaison police officers allocated to families of foreign nationals while the investigation is ongoing. We are aware that there are cases when the UK police would appoint an officer however we cannot influence their decision.

UK coroners and inquests

If you repatriate the person who died to England and Wales, there may be an inquest. The decision on when to hold an inquest is made by HM Coroner. Please note, an inquest will usually only happen in certain situations, for example, when someone has died in suspicious, unnatural, and violent circumstances or whilst in detention. If the person who died is cremated and only their ashes are brought home, there will not be an inquest.

If you repatriate the person who died to Scotland, the Procurator Fiscal may decide to call for a Fatal Accidents or Injuries Inquiry.

If you repatriate the person who died to Northern Ireland, there will be no coronial inquest or further inquiry.

Please note, Procurators Fiscal and Coroners do not have jurisdiction in another country, nor do they seek to apportion blame to a named individual.

You can find more information on Coroners and the Procurator Fiscal in the FCDO guide on death abroad.

Please note if a local burial or cremation takes place, then an inquest in the UK will not be possible.

Legal Aid

British nationals without the available means to appoint legal representation can apply for legal aid in most European countries. The authorities for the United Kingdom are the Legal Services Commission (England and Wales), the Scottish Legal Aid Central Committee (Scotland) and the Incorporated Law Society of Northern Ireland (N. Ireland).

There is a legal aid scheme available in Portugal. You can find information on how to apply on the Victim Support organisation website

If the death of your relative was as a result of murder or manslaughter, the Public Prosecutor will take the case forward to press charges against the perpetrators.

If you wish to contact a private lawyer in Portugal, you may do so directly. Check our list of English speaking lawyers in Portugal.

Compensation

In addition to any compensation awarded to you by the court (which the perpetrator will be required to pay), you may be entitled to compensation under the Criminal Injuries Compensation Scheme. For further information on making a claim, see Right to compensation in Portugal and Criminal injuries compensation scheme in Portugal.

In Portugal, the authority which considers applications for compensation is the Commission for the Protection of Victims of Crime.

You can find information on UK compensation for victims of terrorism overseas online

Translation and interpretation

English language is used in Portugal, though some local authorities and organisations may not have a good ability to communicate in English. There is a free telephone translation service (Serviço de Tradução Telefónica STT) that can be contacted on 808 257 257 (from a Portuguese landline) and on +351 218 106 191 (from a mobile phone).

Consular staff can also provide you with a list of English-speaking translators and interpreters.

Additional support

Tell Us Once

Tell Us Once is a service that lets you report a death to most government organisations in one go. However, if a death occurred overseas, you need to contact the local registrar in the UK where the deceased last lived in order to request a reference number to activate this service. This may be a lengthy and costly process, since you may need to record the death in the UK. You can report the death without a Tell Us Once reference number, by contacting the following organisations, if relevant:

• HM Revenue and Customs (HMRC) - to deal with tax and cancel benefits

• Department for Work and Pensions (DWP) - to cancel benefits, eg income support

• Driver and Vehicle Licensing Agency (DVLA) - to cancel a driving licence

• Passport Office - to cancel a passport

• the local council - to cancel housing benefit, council tax benefit, a Blue Badge, inform council housing services and remove the person from the electoral register

Please visit the tell us once page for more information.

Local support organisations

Name	Telephone	Email
Share & Care Portugal (support in English)	+351 926 865 115	[email protected]
APELO (support available in English)	+351 968 385 807	[email protected]
APAV Victim Support Organisation	+351213 587 900	[email protected]
LAÇOS ETERNOS (for bereaved parents and siblings)	+351 919 299 462	[email protected]

Support organisations in the UK

In the UK, there are many organisations that can help bereaved families. Some of these are listed in the guide coping with death abroad

List of local funeral directors in Portugal

Contacts for Consulates in Portugal

British Consulate Lisbon

Rua de São Bernardo 33
1249-082 Lisboa
Portugal

Telephone +351 21 392 4000

Use our contact form for consular enquiries:
www.gov.uk/contact-consulate-lisbon