Guidance On Dealing With The Death Of A Relative Abroad

The unexpected loss of a relative is always a harrowing experience but should a relative pass away whilst they are overseas it is even more upsetting, especially if it is compounded by being considered a suspicious death, which brings with it the issues of dealing with foreign authorities, a police investigation and the Coroner. All countries across the world have their own procedures should a foreign national pass away whilst visiting or living abroad. For the next of kin, the question of repatriation and the potential of having more than one post mortem together with an inquest can be daunting.

Vincenzo Senatore, senior partner, has considerable experience with this eventuality, having dealt with a number of instances of suspicious deaths in Italy, doggedly unravelling the circumstances and assisting the bereaved relatives to have clarity on how the events unfolded which lead to the death and also enabling the pursuit of the party responsible.

Vincenzo Senatore comments "At such a difficult time as the loss of a relative abroad, most people are left reeling in shock and it is important to have expert legal guidance to help you to navigate the process, especially if there is the suggestion of foul play." Vincenzo further mentioned "frequently the next of kin do not speak the language of the country in which their relative passed away and they struggle to understand all the circumstances surrounding the death, we always aim to obtain clarity and justice for those involved and are fully equipped for all the challenges such a situation brings to the next of kin"

The procedures and processes involved in a death abroad can take a considerable length of time, depending on the circumstances. This guide provides all the information you require to manage a relative's death abroad.

Steps to Take to Manage a Suspicious Death in Italy

• The authorities will inform the British Consulate in the area where the death occurred
• The British Consulate will endeavour to trace the next-of-kin, usually asking for the cooperation of the British police. As there is no legal definition of next-of-kin in the UK this can sometimes cause problems if there is a disagreement within the family.
• If you do not speak Italian British Consulate can provide you with a list of certified translators
• The Foreign, Commonwealth and Development Office ("FOCD") will attempt to obtain the maximum information available about the circumstances of the death but this may only be made available to the next of kin
• It is strongly recommended that an English speaking Italian lawyer is appointed who will be able to protect your interests and explain the steps that must be taken and the reasons for them and prevent the potential for corruption of evidence.
• The British Consular officers may be able to obtain the information about the death themselves. However, if this is not possible they will be able to provide contact details to put you directly in touch with the Italian authorities
• The Italian authorities will not divulge information about the death until either a post-mortem and/or the police reports following a preliminary investigation have been concluded, when it has been established as to whether foul play was involved
• The next of kin will need to register the death in the country in which the death occurred at the nearest Town Hall ("Comune") in the area where the death happened. You will require supporting documentation to identify both you and the deceased and your relationship to the deceased.
• A death certificate is not issued automatically, your lawyer will be able to assist you with the request. Italy can supply a multi-lingual death certificate that can be presented in the UK
• If you consider the death is suspicious but the authorities have not suggested this, your lawyer will help you with how to make a request for an investigation through the Consulate.
• A post-mortem is not usually performed if the death was by natural causes. If there are suspicions about the death and a post-mortem is conducted this may include the removal of some tissue and organs. The next of kin may request the return of the entire remains
• If you are planning repatriation the Italian Coroner will hold an inquest. The question of a post mortem is an issue for the Coroner alone, whilst the next of kin's opinion is considered, the Coroner's decision is final.
• A decision must be taken as to whether the deceased in laid to rest in Italy or repatriated to England and Wales
• Repatriation is at the expense of the family. Often the deceased's insurance policy may have a clause related to death abroad with financial provision for repatriation.
• A transfer of remains certificate (Nulla Osta) must be obtained and a copy emailed to the British Embassy in Rome.
• The British Coroner may decide that a second post mortem is necessary
• If the Italian police believe the death was suspicious the police will mount an investigation, your lawyer will be in the position to monitor the investigation and advise you on the actions you should take.
• Should it be established that your deceased relative was the victim of third party violence, Italy has a State compensation system, which can be accessed once all other paths to compensation have been exhausted and compensation through a civil case has been investigated. Your lawyer will be able to advise and assist you.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.