Guidance

Bereavement information for Luxembourg

Updated 7 September 2020

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.

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

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 Foreign, Commonwealth & Development Office in London on 0207 008 1500.

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 Foreign Commonwealth, & Development Office 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 Foreign, Commonwealth & Development Office 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.

Release of information to next of kin

The Foreign, Commonwealth & Development Office 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, or they may have to 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.

Access to information concerning the investigation into a death, including the autopsy and police reports, is restricted. The Luxembourg authorities will not supply the information to next of kin or to third parties. They will only release this information to the British Embassy Consular Section for transmission to a UK Coroner. Requests for this information should be made through an English-speaking lawyer in Luxembourg. The release of information can take many months and the information may be in French or German.

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.

In the event of the death of a person insured by Luxembourg Social Security, or that of a stillborn child, it is possible to claim a financial state benefit. This is to cover the costs of burial or cremation, coffin, flowers, transportation, obituary, town hall taxes and expenses. The benefit is reduced by 80% in the event of a stillborn child and 50% for the death of a child under 6. The benefit will be paid direct to the funeral home, with any left over money paid to survivors who lived with the deceased. The benefit is capped and reviewed annually. For information from the Ministry of Social Security (Ministere de la Securite Sociale) regarding the benefit (French).

If the deceased was visiting Luxembourg and covered by travel insurance, it is important for the next of kin to contact the insurance company without delay. If there is no insurance cover, the cost repatriation or funeral costs will have to be met by the family/next of kin. If the deceased was travelling with a tour operator, they can be a valuable source of assistance and advice.

Neither the Foreign, Commonwealth & Development Office in London or the British Embassy in Luxembourg have funds to meet the above 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 Foreign, Commonwealth & Development Office produces a list of international funeral directors based in the UK.

Reporting a death in Luxembourg

A death must be reported and registered at the earliest possible opportunity, at the Civil Registrar’s office (bureau de l’état civil) of the commune in Luxembourg where the death occurred. This can be done by anyone including the funeral company/undertaker or a relative of the deceased.

Detailed information on the correct procedures can be found on guichet.lu: register a death.

A death certificate (acte de decès) is issued by the Civil Registrar together with two transport permits (permis de transport) for the deceased. One of the transport permits must be given to the funeral company and the second is for the administration office of the commune where the burial is to take place.

The following documents must be presented to the Civil Registrar when declaring a death:

• the death certificate issued by the Doctor (certificate de decès)
• the family booklet (livret de famille) or all identity documents of the deceased (birth certificate, wedding certificate, passport and identity card; the driving licence of the deceased may also be required
• a will or similar document, if one exists.
• if the deceased will be buried in a different commune, a certificate of burial (certificate d’enterrement) is required

Following the death of a British national in Luxembourg, next of kin or a formally appointed representative, must decide whether to repatriate the deceased to the UK, or opt for a local burial or cremation. Whatever the decision, it is important for next of kin to inform the hospital/funeral director very quickly as to whether they or the insurance company will meet the cost of the funeral / cremation / repatriation.

Should next of kin not wish to pay/deal with this, they can hand over to the Luxembourg social services in which case they will have no say in the way the funeral of the deceased is handled. Foreign, Commonwealth & Development Office staff in the UK will pass on to the British Embassy in Luxembourg the wishes of next of kin located outside of Luxembourg, regarding their funeral wishes for the deceased and we will do our best to ensure that these are carried out.

Death certificate

It is important to note that the cause of death is not noted on a Luxembourg death certificate.

A doctor will issue a medical certificate certifying the cause of death. The police will usually arrange for a doctor to come to the scene of a death, unless an ambulance has been called to take the deceased direct to hospital.

A local death certificate will be issued by the local town hall/commune in Luxembourg, based on the doctor’s medical certificate, deceased’s passport and any other official documents the next of kin is able to provide (birth certificates of both parties/marriage certificates).

Translation of official documents is not usually required for deaths in Luxembourg city or other large towns in Luxembourg. However, if death occurs in a small town/village, the English certificates may need to be translated into French or German by an officially recognised translator at a cost to the next of kin.

Repatriation

If the deceased was visiting Luxembourg and covered by travel insurance, the insurance company will normally appoint an international funeral director to arrange repatriation. If the deceased did not have insurance, next of kin will need to appoint an international funeral director. Here is a list of English-speaking international funeral directors. The international funeral director should liaise with the local undertaker to ensure that all necessary requirements in Luxembourg are met.

When the deceased is to be repatriated, they must be embalmed and placed in a zinc-lined coffin. Local undertakers in Luxembourg are equipped to carry out these procedures. The local undertaker will also arrange for the local civil registry death certificate, a certificate of embalming and a certificate giving permission to transfer the deceased to the UK.

In certain circumstances repatriation may not always be possible and our Embassy consular staff will try to inform the next of kin as soon as possible if this is the case.

Local burial or cremation

If next of kin choose to proceed with a local burial, they will need to instruct a local funeral director. Here is a link to a list of English speaking funeral directors in Luxembourg.

Burials and cremations in Luxembourg should normally take place within 72 hours of death, with the possibility of an extension of 24 hours. The deceased could then remain at home for up to 3 days. However, the burial or cremation of a non-resident and foreign residents can be extended for up to 6 working days, but the deceased must be transferred to a mortuary within 72 hours of death.

Only Luxembourg residents can be buried in a named burial plot or grave in Luxembourg. Non-residents can either be buried in an anonymous grave or be cremated.

Cremation

There is only one crematorium in Luxembourg:

Crematorium de Luxembourg
1 Allee des Chataigniers
L-1366
Luxembourg

Tel: 00352-431601

Fax: 00352-431623

Google maps address link

If the deceased has a pacemaker, this needs to be removed before cremation.

The documents required for a cremation are:

• death certificate
• request for cremation form (signed by next of kin). If there is a will requesting the deceased wishes to be cremated, this will also be accepted if next of kin not present to sign the Request for Cremation form
• next of kin identity certificate required. Marriage certificate (if next of kin is spouse), birth certificate (if next of kin a child of the deceased) or relevant certificate showing relationship of next of kin

A next of kin identity certificate in English will only need to be translated into French or German if the death occurs in a small town or village in Luxembourg where no one has sufficient understanding of English. In such a case, the certificate would need to be translated by an officially certified translator which would incur a cost for the next of kin.

Ashes can be given directly to next of kin or family member together with certificate from crematorium confirming that only ashes are contained in the casket for transfer to the UK. Funeral homes can also arrange this.

Ashes can also be dispersed in Luxembourg or placed in stone structures especially made for this purpose.

Organ donation

All deceased persons who legally reside in Luxembourg are potential organ donors. This means that if you object to having your organs removed after your death, you must state your objection in writing, during your lifetime. See the Luxembourg government link in English

The ‘Passport to Life’ organ donor card is free, and can be obtained at:

• pharmacies
• doctors’ offices
• communal administration offices
• the reception desk of Guichet.lu
• the Ministry of Health (ministère de la Santé)
• Luxtransplant

The card may also be ordered online.

There are two advantages to having your wish or refusal to be a donor recorded on the small organ donor card:

• it will facilitate the task of medical teams and caregivers
• in the event of an untimely death, it will provide emotional relief to the people close to you during a difficult time

Inquest

A post mortem in Luxembourg will take place if the death is violent, is regarded as suspicious or, at the request of the next of kin. The Regional Court will then deal with the case.

Victim support

The Luxembourg police provide information on their website to victims of crime and their relatives and guide them through some aspects of the investigation process.

UK coroners

When a body is repatriated to England or Wales, a Coroner will hold an inquest only if the death was violent or unnatural, or if the death was sudden and the cause unknown. As the cause of death is not stated on Luxembourg death certificates and also UK coroners not having access to judicial files from other countries, they may order a post-mortem as part of the inquest.

UK Coroners can request copies of post-mortem and police reports from the Luxembourg authorities but these will only be provided once any judicial proceedings have been completed. In some instances, this can take many months.

In Scotland, the Scottish Executive is the responsible authority. However, they are not obliged to hold an inquest into cause of death.

Coroners in Northern Ireland are also not obliged to hold an inquest into cause of death. However, next of kin can apply for a judicial review if no inquest is held.

Informing UK authorities

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 Luxembourg.

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 Luxembourg, 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 and to combat terrorism. 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 Luxembourg-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

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 Foreign, Commonwealth & Development Office will be available to provide support, including by referring you to a specialised organisation. You can find more about what they can do online.

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.

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

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 instructions on where to send it is available online

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.

Compensation

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

Additional bereavement support

There are a number of organisations in both the UK and Luxembourg 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

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

Contact us

Consular Section
British Embassy
5 Boulevard Joseph II
L-18490
Luxembourg

Tel: 00352-229864

(Please note that the Consular Section/Embassy is not always staffed and it is strongly advised to telephone for immediate contact/appointment booking in the first instance)