N08E - Death & Burial (II)
Category : Notary - Legal
N08E - Death & Burial (II)
This bulletin, "Part II – How to proceed with burial" follows on from part I and deals with the actual tasks of disposing on the body of the deceased, whether by actual burial or cremation and covers local disposal as well as repatriation of the remains to the home country.
Note that all references in the text to "next of kin" equally include guardians, common law partners or other designated responsible persons.
This bulletin is based on extracts from the earlier afpop publication "Guidelines to Well-Ordered and Dignified Dying in Portugal". The purpose is to provide bulletins referring to specific topics and which are targeted to a defined audience. This makes it easier to maintain with changing circumstances and facilitates easier and cheaper distribution.
Checklist of Immediate Actions Following a Death
After confirming death, the next important task is to select and appoint a Funeral Director who will then take care of most of the administrative burden with the relevant authorities.
The following list summarizes those actions to be taken following confirmation of death and removal of the body to the mortuary. They are not necessarily in sequence and many can be done in parallel. Those items in italics are optional depending upon the circumstance and wishes of the deceased.
Obtain confirmation of death by calling the deceased family doctor (death by natural causes) or the emergency services on 112 (if the death was accidental or unexpected) (covered in Part I)
Notify the police if the circumstances seem suspicious (covered in Part I)
Notify immediate family and iends
Appoint and agree the arrangements with a Funeral Director (including a service overseas if repatriation is required)
Notify the appropriate consulate
Notify the deceased’s lawyer – Take note! - The authorities must be informed within three days of death of the existence of a private will (a will not officially registered with a Notary or the Authorities)
If available, check written wishes of the deceased regarding funeral arrangements, disposal of body etc. If the deceased has burial insurance, contact the insurance company to verify what the policy actually covers
Nominate a charity to receive donations in lieu of flowers if so desired
Contact the local minister to agree and arrange a religious service
Notify friends and family of the funeral arrangements
Inform the press of obituary notice in local and/or homeland newspapers
Notify appropriate Portuguese Authorities and institutions of the death
We also remind you that it is necessary to update the name of the contract holder and the payment details for utility bills (electricity, water, gas, internet) within a period of 60 days. People who lived with the deceased in a shared dwelling have the duty to communicate the death and, if they so wish, they can terminate the contract without notice.
Details of Immediate Actions to be taken after reporting the death
Check the Wishes of the Deceased
If the deceased has express wishes regarding the handling and disposal of their remains, the responsible person should review these with a view to discussing them with the Funeral Director, religious minister and friends. This may be stated in a will and testament or just noted by the deceased for next of kin.
Appoint Funeral Director
Generally, a Funeral Agency will take care of all the necessary procedures for disposing of the body. Not all Funeral Directors have experience in repatriation or cremation of remains, however. It is wise therefore to choose carefully. In the main centres: Lisbon, Porto and the Algarve especially, some funeral directors are capable of conducting their services in the English, German or Dutch languages. Further considerations are, of course, their proximity to the place of death or burial. A Funeral Director should also take care of most of the necessary paperwork. The choice of a Funeral Agency is a personal one with which you should feel comfortable receiving a reliable service. A close friend may recommend someone, or your consulate may suggest an agency (most Consulates have a list of suggested funeral services in Portugal). Also, bear in mind that afpop has an agreement with Servilusa who have 60 branches or affiliates throughout Portugal and who also offer significant discounts, free items, and credit terms to afpop members. They have a foreign department who handle both the exporting and importing of bodily remains for disposal and employees that can speak with the families in English, German, French or Spanish.
There have been instances where mortuaries, police, nursing homes or fire department employees have colluded with Funeral Agencies in notifying them of deaths in a hospital before the authorities have been able to inform the next of kin. This is an unscrupulous act and is illegal. If you have evidence of this, you should immediately notify the hospital and police.
Once you have selected a Funeral Agency, discuss the details of the level and type of services you require with the director. Also if overseas family members want to attend the funeral, be sure to ask for a delay of the funeral arrangements pending their arrival.
Be sensible in the choice and level of service required. People often choose elaborate coffins and trimmings in their confused state thinking that it would show a lack of love for the deceased to do otherwise. There is no shame in choosing a basic casket, especially for cremations.
Funeral costs
Funeral costs can vary considerably between agencies. It is, therefore, advisable to obtain more than one quotation. Bear in mind that costs are dependent upon the type and level of service required, choice of casket, distance of transportation, etc. Make sure you get a breakdown of the costs so that you can make an informed decision. Always demand a detailed quotation for all costs of the chosen funeral service.
Body Disposal
Burial in Portugal
If the body is to be buried locally, first check with the Funeral Director that burial space exists in the chosen cemetery. Burial space is becoming increasingly limited. Decide on the style of casket. This is an example where it is helpful to the family if, prior to death, a person states his or her wishes regarding funeral arrangements. Without this, the family may feel morally obliged to select the best or most expensive rather than the most relevant to individual circumstances.
If applicable ask the Funeral Director to contact the minister of the deceased’s particular religious persuasion regarding time, date and service arrangements. This may include service sheets and hymn preferences.
If a eulogy is to be presented during the service, arrange, and agree this with the presenter. Otherwise, the minister will say appropriate words but will likely need prior briefing.
Make a decision as to whether and to where flowers should be sent. Alternatively, decide which charity should benefit in lieu of flowers. A practice that is gaining popularity is for flowers to be limited to a simple posy but linked to a gift for a charity nominated by the deceased’s family or partner.
If a memorial stone is required, discuss this with the Funeral Director.
Don't forget, funeral costs can be met from the deceased’s estate.
Burial Practices in Portugal and Cold Storage.
The general custom in Portugal is that burial should take place before the second sunset after death. Orthodox Jews and Muslims require that burial takes place within 24 hours of death. This reflects the commonsense practicalities of warmer climates. However, now that cold storage facilities are available, the general rule is no longer so relevant. Government operated mortuaries with cold storage facilities exist throughout the main centres of the Algarve and other provinces of Portugal; however, some Funeral Directors have their own cold storage and can offer such service. Cold storage facilities permit the body to be held for several days if needs be, for example, to allow time for next of kin and friends to be notified and to travel to Portugal to attend the funeral.
There are four distinct entities inside a Portuguese cemetery:
Private family mausoleums which in general contain sufficient storage space for six separate full-sized coffins, usually three on each side of a central space. They may have glazed doors with curtains. It is not possible to acquire a mausoleum hours or days before the funeral service. The mausoleum must be bought and fully legalized by the Municipal Department by the time of the death. This type of funeral can only be performed if the deceased or if one of his family members/friends already have a legalized mausoleum.
Ordinary graves which can be occupied for the minimum duration of 3 years, until the remains can be exhumed and the space reused. The destination cemetery is determined by the place of death or the deceased’s last local address. In some cemeteries, it may be possible to purchase a permanent site outright.
Glass fronted wall cabinets are normally divided into two by a door or curtain and are set in the walls of the cemetery. The rearmost space holds a small casket containing the exhumed bones or ashes. These cabinets are normally rented from the Municipal Department that deals with cemetery affairs.
Full-Size Coffin wall cabinets are used for full-sized coffins. Each cabinet is occupied by one full size coffin and can be rented or bought (depending on the family’s wish and cemetery availability). Unlike the private mausoleums, these cabinets can be rented or bought for the funeral.
Due to limited space in the communities, the majority of burial plots are mostly non-permanent. This means that the remains will be exhumed. This procedure takes place no less than 3 years after the burial took place and may need to be repeated after more years have passed, depending on whether chemical decomposition is initiated at the time of burial. The cemetery authorities will not normally notify the next of kin of this event, since the date of exhumation is not generally fixed. It is for the next of kin, either directly or via the funeral director to liaise with the cemetery authorities so that they can, if they so desire, attend the washing of the bones and their placing in a small container for permanent retention in a niche at the cemetery. The bones can also be cremated, and the ashes urn delivered to the family. In the event that there is no such request by the deceased's relatives, the cemetery authorities will place the bones in a common grave.
A common method is to open the coffin with metal shears at the graveside so that chemicals can be added. Or, if the chemicals have already been added, it may be necessary to make air holes in the coffin. Either way, this may cause distress, so it is best resolved by prior arrangement with the Funeral Director. If it is preferred, the minister can go alone to the graveside where the above arrangements are made without the family being present.
Under Portuguese practice, the coffin is often left open so that the body may be viewed during the service. However, most ex-patriots prefer for the coffin to be closed, this can be arranged with the funeral Director.
As for the Pall bearers, they can be employees of the Funeral Director, or relatives and friends of the deceased. This procedure should be discussed with the Funeral Director.
Often, there may be limited space around the grave for mourners. In such cases a service can be held in the chapel that is to be found in most cemeteries with either the minister going alone to the graveside or accompanied only by the immediate family of the deceased.
If a collection for charity is to be made, it should be done with respect to the minister and for the church, i.e. arranged through the minister who would normally make an administrative charge for this service.
Generally, clergy from one religious denomination will hold burial services for those of others.
In Portugal, there is no fixed practice for signing burial certificates. Sometimes the priest signs the certificate, other times not. In any event, it is advisable for the next of kin to obtain a burial certificate through the Funeral Director.
Cremation in Portugal
Twenty-nine Crematoria exist in Portugal. These are located at:
Complexo Funerário da Lapa, in Oporto
Crematório de Paranhos, in Oporto
Crematório de Matosinhos, near Oporto
Crematório de Vila nova de Famalicão
Crematório do Prado do Repouso, in Oporto
Complexo Funerário da Figueira da Foz, in Figueira da Foz
Crematório de São João da Madeira
Crematório de Coimbra
Crematório de Viseu
Crematório de Mangualde
Crematório de Castelo Branco
Complexo Funerário de Leiria, in Leiria
Crematório da Póvoa de Santa Iria, near Lisboa
Crematório de Camarate, near Lisboa
Crematório do Alto de São João, in Lisboa
Crematório dos Olivais, in Lisboa
Centro Funerário de Barcarena, in Oeiras
Crematório de Rio de Mouro, near Sintra
Complexo funerário de Cascais
Crematório de Vale Flores, in Almada
Crematório da Quinta do Conde, in Sesimbra
Crematório de Setúbal, in Setúbal
Complexo Funerário de Elvas, in Elvas
Crematório de Ferreira do Alentejo, near Beja
Crematório do Funchal, Madeira
Crematório de Porto Santo, in Madeira
Crematório de São Miguel, in Azores
Crematório de Albufeira
Crematório de Faro
Your local funeral service can arrange for the transport and cremation from remoter regions. For this reason, it is perhaps advisable to hold a religious service prior to transporting the body to one of these locations so as to avoid mourners having to travel great distances.
Alternatives for disposal of the ashes are:
Scattered in the adjoining garden, at the cemetery.
Placed in an urn and delivered to the family. Then, the family can do whatever they want with the ashes urn, as according to the Portuguese law, it can be freely transported throughout the country.
Placed in an urn and stay at the cemetery where the cremation took place or be transported to another cemetery. Then the urn can be placed in a private mausoleum, in a columbarium (private ashes container), in a private wall niche, etc.
Placed in an urn and be repatriated back to the deceased’s home country. In this situation, the ashes urn must be sealed by the local authorities and in some cases it´s supporting documentation legalized by the destination country’s Consulate. Please ask your Funeral Director to deal with this, as it involves a lot of bureaucracy.
Repatriating the body to the deceased’s home country
If the body is to be transported outside of Portugal, select a Funeral Agency that provides this specialist service. The following summarises the issues that will be involved.
If the body is to be shipped long distances, it may be necessary to have the body embalmed. Embalming is recommended where delays may occur between death and final burial, especially if the body is to be viewed at that location. The major elements of embalming consist of replacing the blood with a solution of formalin and the application of creams and lotions to preserve the skin texture and colour.
Even for shipments of small distances, there are some destination countries that require the embalming in order to authorize the deceased’s entry in that country.
For shipment, the body will be placed in a zinc coffin which, in turn, will be placed in a wooden box for transport by air.
Costs will vary depending on the combined weight of body and packing, destination country, airline used, land transport on arrival, necessary documentation and whether the body is embalmed or not.
Strict control measures operate, both in dispatching and receiving countries. The Funeral Director will handle all the necessary documentation.
Burial and cremation procedures in the country to which the body will be shipped will vary from country to country. Most western countries provide such advice via their consulates or through national consumer organisations both on-line and via phone/mail.
Cremation in Portugal followed by transportation of the Ashes
If a judicial autopsy is required by the authorities, a cremation authorization must be requested to the local Court officer. This authorization, if granted, normally takes 24 hours to obtain. However, in some instances this timeframe does not apply.
As a general international rule, it appears that the ashes in a suitable wooden or metal container may be carried on the person of a traveler from one country to another or may be sent by other means including air. However, before attempting to do so in Portugal, check carefully with the local authorities and airline as there may be some unwillingness to conform to international custom in this matter. In all cases, documentation is required (e.g. death certificate, cremation certificate and export permit where the ashes are to be taken out of the country). British Airways for instance, allow ashes in a suitable container to be taken on board a plane either accompanying the passenger or in the hold. In the case of TAP, shipment is normally arranged by the Funeral Agency; but with British Airways, shipment may be arranged by the traveler. Please note, in these days of tight terrorist controls by airlines and airport authorities, it is advisable not to attempt to take ashes on board personally, but to arrange shipment through the Funeral Director. This practice would guard against any possible embarrassment or delays at check-in.
Religious factors to cremation
Many Catholics are not clear as to the position of their church regarding cremation. It is best summed up in canon 1176, paragraph 3 of the Code of Canon Law which came into force on November 27, 1983. After stating that "the church earnestly recommends that the pious custom of burying dead is observed", the canon goes on to state that it, (the Church) does not forbid cremation unless it has been chosen for reasons which are contrary to Christian teaching`. In the general law of the Church, nothing is stated about how the ashes would be disposed of, whether they should be kept in an urn at home, as some people do, scattered on the earth or sea or buried in the ground. It is however stated that, "…in keeping with the ancient tradition of Christian burial, the burial of ashes is to be encouraged". Storing the ashes in a Cemetery wall niche is considered the equivalence of burial. The Church has approved an order of service for use by Catholics at a crematorium. In practice, increasing numbers of Catholics prefer their bodies to be cremated.
Most Protestant Churches - including Anglican, Methodist, Baptist, Lutheran and Dutch Lutheran do not object to cremation.
Orthodox Jews do not permit cremation. However, there are many Jews whose belief is less orthodox and who prefer cremation.
Cost comparisons
As previously stated, costs can vary between agencies, and we emphasise the practice of getting comparative quotes from more than one agency. Where a body is to be repatriated and cremated, it is worth considering having the cremation done in Portugal and to only transport the ashes back to the home country. This is another example where pre-planning for the event can result in significant cost savings to the surviving family.
Winding up the estate
Finally, there are some requirements following a death that must be followed such as the following:
Pay any Inheritance tax that might be due
Pay funeral expenses
Pay IRS
Cancel Passport with consulate
Arrange probate of will with lawyer
Sell effects or dispose of to charities
Notify Life Insurance Company
Sort through personal papers. As a general rule, be cautious in trashing documents and records
Deciding what to do with the pets
Sell Property
Notify banks in Portugal and overseas
Notify source of pension(s) and claim any final outstanding payments due
Return Portuguese personal documentation to authorities (de-register the deceased)
Write thank you letters
These topics are covered in more detail in the companion bulletin "Winding up an Estate" N02E.
