In the Event of a Death in Tenerife

In the Event of a Death in Tenerife

Death of an Expat in Tenerife

Although this is not a pleasant subject, dealing with the death of a loved one is something we all must be prepared for.  Many expats living in Tenerife have experienced the death of a family member or friend here and know that procedures here differ significantly from the UK. At the very least it is common for the deceased to be cremated within three days of death. This barely gives enough time for family members to arrive from the UK for services although if longer is needed, the body will first be embalmed and then kept in storage for a fee.

Dealing with the death of a loved one is traumatic enough without the uncertainty of dealing with a foreign and unfamiliar system. The following information about the death of British Nationals abroad will be helpful for those living the UK should a family member die here in Tenerife.

DEATH OF A BRITISH NATIONAL IN SPAIN

The death of a relative or friend is always distressing. But if it happens abroad the distress can be made worse by practical problems. Consular Directorate in the Foreign and Commonwealth Office and our Consulates in Spain are ready to help in any way that they can. You may be uncertain what to do next or who to contact for advice.You should be aware that Spanish procedures differ significantly to those in the United Kingdom.

STANDARD PROCEDURES

Except in remote rural areas, Spanish undertakers are modern, well-equipped companies used to working with foreigners. Most have at least one English-speaking staff member. Following the death of a British national in Spain, their next of kin, or a formally appointed representative, must decide whether to repatriate the deceased to the UK, or carry out a local burial or cremation. If the deceased was covered by travel insurance, it is important for next of kin to contact the insurance company without delay. If there is no insurance cover, the cost of repatriation or burial will need to be met by the family. Neither the Foreign and Commonwealth Office nor our Consulates in Spain have budgets to meet these costs. Consular staff in London will pass on to the Consulate in Spain the wishes of the next of kin about disposal of the body, and details of who is taking responsibility for the costs involved. Under a strict interpretation of Spanish law, a deceased person must be buried within 72 hours of death. However, in the case of foreign nationals the authorities will normally allow as much time as necessary, although this should not be longer than a few days. It is important to remember that if the deceased was travelling with a tour operator, they can be a valuable source of assistance and advice.

REPATRIATION

If the deceased was covered by travel insurance, the insurance company will normally have a standing agreement with an international funeral director in Britain to arrange repatriations. If the deceased is not covered by insurance, next of kin will need to appoint an undertaker in Spain or an international funeral director themselves. Spanish undertakers have links with international undertakers in the UK and they normally work well together to ensure that all necessary requirements are met in Spain and in the UK. Local undertakers in Spain are equipped to carry out repatriation procedures and will provide the special caskets required for the international carriage of human remains. A local civil registry death certificate, plus the doctor’s death certificate (indicating cause of death), a certificate of embalming, and a certificate giving permission to transfer the remains to the UK is required to ship the body. This will be arranged by the Spanish Undertaker. Local formalities for repatriation normally take 8 to 10 days to complete.

LOCAL BURIAL

If next of kin choose to proceed with a local burial, they will need to instruct a local funeral director. Please note that in Spain ‘burial’ often means an above ground crypt. Rights to this are normally held for only 5 years, unless specifically purchased in perpetuity.

LOCAL CREMATION

Cremation is now widely accepted in Spain and, except in rural areas, there are modern, well equipped, crematoria. If next of kin choose local cremation and wish to take the ashes back to the UK themselves, they can do so with minimal bureaucracy. If this is not possible, local undertakers will be able to arrange the necessary paperwork and transportation. There are no restrictions on movement of ashes within the EU.

INQUESTS

If the circumstances of the death were not unusual, registration of the death is permitted and the body will be released for repatriation or burial within a few hours. However, if an Examining Magistrate is not satisfied after a preliminary examination of the facts, an autopsy may be required. Further investigations and interviews with witnesses may also be called for before a decision is made as to cause of death. In cases of sudden or unexpected death, whether by accident or misadventure, or where a person dies unattended, the Examining Magistrate will prepare a report of his findings and the body will be released for burial. The Magistrate’s report will be retained by the Court and may only be released to the legal representative (a local lawyer) of the next of kin. However, if death was caused by a criminal act, the police will be ordered to conduct a full investigation. The State Prosecutor will then decide whether to prosecute. This can delay the release of the body for burial.

AUTOPSIES/REMOVAL OF ORGANS

Autopsies are carried out by court appointed forensic doctors. During an autopsy, organs can be removed for testing, including toxicological studies, at the discretion of the doctor, without consent of next of kin. Next of kin are not informed about the removal of any organs. The deceased’s body can be buried or cremated in Spain or returned to the UK before tests on removed organs are completed. Any organs removed are retained for the duration of the tests, and are then put in storage for at least one month before being destroyed. Organs cannot be removed for any purpose other than testing without prior consent of the deceased (for research) or next of kin (transplants). Next of kin can seek a court order requiring the eventual return of these organs. If the deceased’s body has been repatriated, next of kin should contact their local coroner in the UK in order to request the return of any organs removed.

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. In some countries the cause of death is not given on the death certificate, and coroners do not generally have access to judicial files from other countries. Consequently coroners may order a post-mortem as part of the inquest. Coroners can request copies of post-mortem and police reports from the Spanish authorities. However, these will only be provided once any judicial proceedings are 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.

RELEASE OF INFORMATION

Access to information concerning a death, other than post-mortem and police reports, is restricted. The Spanish authorities will not provide this information directly to next of kin, or to third parties including our Consulates. Requests for this information should be made through a legal representative. The release of any information can take many months, and the documents will be in Spanish.

LEGAL AID

British nationals without the available means to appoint legal representation can apply for legal aid in most European countries. The Legal Services Commission in London (tel: 020 7759 0000) is responsible for legal aid applications overseas. The Legal Services Commission currently forwards applications for legal aid to their counterparts in Spain, where cases will be considered for their eligibility (based on Spain’s criteria).

CONSULAR DEATH REGISTRATION

There is no obligation for the death overseas of a British national to be registered with the British Embassy. However, there are the advantages that a British form of death certificate is then available, and that a record of the death is afterwards held at the General Register Office in the UK. To apply from within the UK, you should contact Nationality and Passports Section of Consular Directorate, Old Admiralty Building, London SW1A 2AF Tel: 020 7008 0186. If you are applying from Spain, you should contact the nearest Consulate. Contact British Consulate-General, Madrid Tel: +34 91 524 97 00 Foreign and Commonwealth Office, London Spain Desk, Consular Directorate Tel: +44 20 7008 0148/0189/0178/0174

Kids to the Clinic in Tenerife

I’m in trouble with Dr. Deadpan again. I don’t know what it is about my kids’ current paediatrician. Either he doesn’t like kids or he doesn’t like mothers. Either way, it is quite likely he would be happier in another profession where he didn’t have to deal with either.

The last time I took my daughter to the clinic, he gad a go at me for being late. I wasn’t. Today, I was at the clinic early for an emergency appointment because my daughter was up in the night with earache. Usually there is a mob of sniffly, coughing or spotty kids to swap infections with but as school doesn’t start for another week, we were the only people there.

That didn’t matter to Dr. Deadpan, though. You would have thought that by presumptuously turning up for an emergency appointment I was kicking some more worthy or sicker child to the kerb. He grabbed a fluorescent green pen from his desk and slashed it (a little forcefully, I thought) over a set of papers. When he thrust it at me, I noticed that it was written in Spanish and all in capitals.

I debated with myself whether to tell him it was RUDE TO SHOUT, but discretion got the better part of valour when I noticed him fiddling with his stapler. I’ve never been into body piercing and did not think today would be a good day to start.

So, any way, according to the good doctor, if your child wakes you in the wee hours in fever or pain, you can call 012 and be assured that you will get a cita for the very next day. I tried to defend myself by saying that anytime I’d ever phoned for a cita, the earliest I’d ever been given an appointment was three days hence. A goggle eyed doctor spat back at me that this would never happen with the Pediatric Clinic.

Dr. Deadpan has a lot more faith in the system than I do, but I wasn’t about to argue. He barked at me about receiving a Tarjeta Roja for the meeting and I had a fleeting image of him pointing me off a football pitch. I had no idea what he was on about but nodded soothingly and scarpered with my children in tow,  clutching a prescription for ear drops.

Later when I had a chance to look at the document he’d given me, it all made more sense. Apparently, if you are good enough to follow the system, you will receive a Tarjeta Verde for each arranged medical appointment. If you have made an appointment and missed it you will get a Tarjeta Amarilla. For every three yellow cards, you will lose one green card.

Finally, if you have the bare-faced cheek to turn up with no cita at all and a child in pain, you, you devil, will receive a Tarjeta Roja. For every Tarjeta Roja you receive, you will lose one Tarjeta Verde.

In December, if you have collected a lot of Tarjeta Verde’s you have a chance to win… something. It doesn’t say on the paper what exactly and I sure as gun’s iron am not going back to ask.