Guidance

Denmark: bereavement information

Updated 28 April 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.

When a British National dies in Denmark the authorities will initially only notify the British Embassy in order to trace the next of kin, otherwise they will contact the UK Police to pass on the sad news of the death and then liaise with the next of kin directly.

There is no definition of next of kin in Denmark, however, living partner/spouse/civil partner, child, parent and an adult with sufficient relationship to deceased will be recognised by the authorities in that order.

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 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.

Local authorities in Denmark will normally share information about a natural death, directly with the next of kin. In suspicious deaths only, investigation into the death, is not normally released to the family and is primarily a task for the police, with the assistance of doctors. Post mortem reports are not available to the general public but relatives are normally informed about the broader findings or conclusion from the medical authorities. Applications for further information would normally be made by a UK Coroner, documents are usually in the Danish language.

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.

Following the death of a British national in Denmark, next of kin, or a representative paying for the burial, must decide whether to repatriate the deceased to the UK, carry out a local burial or cremation. If the deceased was insured, you should contact the insurance company so that they can make the necessary arrangements. 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 Foreign, Commonwealth & Development Office 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 Foreign, Commonwealth & Development Office produces a list of international funeral directors based in the UK.

If you decide to hold a funeral or cremation in Denmark, you can find a list of funeral directors in Denmark.

Repatriation

Qualified undertakers in Denmark must arrange repatriation. The undertakers are able to make appropriate arrangements as soon as they receive a death certificate from the authorities and instructions from the next of kin on what is required. If the deceased was covered by travel insurance, the insurance company will normally have a standing agreement with an international funeral director in the United Kingdom to arrange repatriations. If the deceased is not covered by insurance, the next of kin will need to appoint an undertaker in Denmark.

Burial

After the death has been reported to the Danish National Church, the relatives of the deceased receive an official burial approval in writing from the church office (Godkendelsesattest). The burial approval must be given to the church or crematorium where the burial or cremation is to take place. In general, the burial or cremation takes place within eight days of the death. Financial assistance may be available through the local authorities if resident in Denmark. A burial or cremation takes place according to Danish law and the deceased’s will, and at places authorised by the Danish Ministry of Ecclesiastical Affairs (Kirkeministeriet).

Registering the death and obtaining a death certificate

You will need to register the death with the local authorities in the country where the person died. Sometimes a funeral director can do this for you. You will usually need documents about you and the person who has died, which include information such as full name, date of birth and passport number.

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. The death certificate is in Danish, so you will need to obtain and pay for an official translation.

In the event of the death of a family member, friend or relative in Denmark the first thing to do is to contact the local doctor of the deceased. The doctor certifies the death and issues a medical certificate of death (Dødsattest) and a death report, and reports the death to the local authorities (Sundhedsstyrelsen).

Reporting a death and burial request

All deaths in Denmark are registered by the Danish National Church and must be reported to the local church office in the area of residence/parish of the deceased, within 48 hours. This report, which is also a burial request, has to be carried out even if the deceased was affiliated with another religion, or not a member of the church. This procedure is often carried out by a local funeral director.

• the form to report a death is called (Dødsanmeldelse og anmodning om begravelse/ligbrænding)
• to find a local parish office: Click here - in Danish.

The death certificate will be in Danish and will not list the reason for death. If the funeral director is unable to provide you with a copy of the death certificate you can contact the local Borger Service

Post mortem examinations (autopsies)

Autopsies are not held, when the doctor who certifies a death is satisfied that no suspicious circumstances exist and that the death was due to natural causes. However, an inquest is held when the death occurs in a public place, e.g. in the street or at a hotel, or when foul play is suspected. Police reports are automatically made available to the Medico-Legal Institute, see Inquests below, and may be made available to lawyers representing interested parties.

Legal Counsels for the accused generally have a right to see all material the police have compiled, including police reports. Depending on the complexity of the case, it may take from a few hours to some weeks to compile the police report.

The police are, in the first instance, responsible for deciding that an inquest is to be held involving an autopsy conducted by specially appointed qualified medical personnel. In instances in which the police are not notified of the death, hospital authorities may conduct an autopsy. If the deceased has previously expressed any dislike or views against autopsies, an autopsy cannot be performed. Nevertheless, the difference between normal cases and cases in which an inquest is held is primarily who conducts the autopsy.

Inquests are only held in certain instances, notably if the death is caused by foul play, or if the reason or the way the person died has not been established. As a general rule the deceased’s next of kin is informed of the autopsy, before it takes place. If the next of kin is against the autopsy, the police must bring the question of legality of the decision before the court within 24 hours. The most important element of the inquest is the autopsy, which is conducted by specially appointed personnel.

When the police decide that an inquest should be held, autopsies are conducted at specific institutions. In Copenhagen the work is conducted at the Medico-Legal Institute - “Retsmedicinsk Institut”. Autopsy reports are usually available to the police and the Medical Officer of Health within a week of the examination.

The general rule is that release of the body for burial or cremation cannot take place before the death certificate has been issued. If there is any police involvement, the doctor may only issue the death certificate if the police decide that no further investigations are necessary. In these cases, the police must generally authorise the release of the body for burial or cremation. Danish law dictates that under normal circumstances the body may be kept for only 8 days before local burial (the date of death is counted as the first day of this period). However, if the death took place in hospital the body may be kept for up to two weeks.

The English language is widely spoken by Danes in the legal and medical professions. Interpretation facilities can be arranged if necessary, but there may be a fee.

Mortuary facilities

A Mortuary (Lighus in Danish) is located at a main hospital or a Forensic Medicine Department and are of a high standard. If family members or friends would like to visit and say goodbye, they are required to make an appointment prior to the visit.

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 funeral director will usually be able to explain the options available, the costs, and help you make arrangements.

Burial may take place on private property with the permission of the Church Minister, and if requested by the deceased in their will. Applications must be made through the local Church office.

Dispersal of ashes

If the deceased has stated the wish for their ashes to be dispersed, the relative must submit an application form at the place of cremation before the cremation takes place in Denmark.

The application form (Spredning af aske over åbent hav) is available online in Danish

According to Danish law, dispersal of ashes is permitted in the sea, large fjords or bays. It is prohibited to disperse ashes over a lake. Ashes may not be dispersed in the urn itself.

Public funded funerals

If there are no relatives or other next of kin of the deceased, it is the deceased’s municipality (council office) of residence that must report the death. Similarly, the municipality must pay the expenses for the funeral. In such a situation, the municipality will also decide on the form of the funeral and the municipality will take possession of the estate of the deceased.

Please note if a local burial or cremation takes place, then an inquest in the UK will not be possible. For more information on inquests, see the information on UK coroners and inquests.

Return of personal belongings

The Church Office notifies the National Register (folkeregister) of the death. The Probate Court (skifteret) is also informed of the death and, soon afterwards, requests the family to deal with the distribution of the deceased’s assets. Skifteret is a legal process to determine control of deceased’s assets.

Upon repatriation, the funeral director will normally try assist with the return of personal belongings of the person who has died.

Executive Lawyers may be appointed for the UK family of the deceased if there is a significant estate, the value of which is determined upon the taxable assessment of the deceased’s assets and debts. Again, this is a legal process of the Skifteret.

Please note, the British Embassy, High Commission or Consulate cannot take responsibility for the personal belongings of the person who died.

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 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.

Child deaths

A request for funeral or cremation of a stillborn child must be made within 8 working days after birth. This applies whether you are a member of the Church of the people or not. When registering a stillborn child, parental information and information relating to the funeral must be recorded. It is also possible to register a chosen name for the child.

Police in Denmark will hold a full investigation into any death, other than of natural causes, there are no separate procedures for deaths involving children.

Deaths in road traffic accidents

An inquest will be held when the death occurs in a public place, e.g. in the street or at a hotel, or when foul play is suspected. Road traffic accidents would normally trigger a police investigation.

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.

If a death is regarded as suspicious the Police and Coroner will investigate in full. If a perpetrator is identified, they will be charged and detained until the trial hearing. This period of detention will then be taken from their final sentence.

There are no family liaison police officers allocated to families of foreign nationals while the investigation is ongoing. However, the police office investigating the death will normally update on the progression of the investigation to the family and the Foreign, Commonwealth & Development Office but will not share information if the investigation is related to terrorism.

Public Prosecutor will present the case to a full trial before a Judge and jury in the local magistrates court, around 18 months or sometimes less (depending on the type of case) after the death. The Public Prosecutor will normally assign an investigating police officer to liaise with family to arrange for their attendance at court and prepare them for the impact of statements and evidence presented at the trial.

Detention in Denmark focuses on rehabilitation; sentence outcomes are normally far less than anticipated by family members of the victims.

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 Foreign, Commonwealth & Development Office guide on Death Abroad

When a body is repatriated to England or Wales from Denmark, a Coroner would normally hold an inquest 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 Danish death certificates, the UK Coroner will normally instigate an order for a post mortem as part of the inquest (even if a post mortem has already been carried out in Denmark). The Coroner may request a copy of the Danish police and autopsy reports through Consular Directorate of the Foreign, Commonwealth & Development Office.

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).

A Danish Government Legal Aid Scheme exists under which foreigners may qualify in certain circumstances. Application must normally be made to the County authorities (“Amt”) in the district in which the claim is lodged and a decision is taken based on whether the person is deemed to have justified reasons for starting legal proceedings and a means test.

Provided foreigners can prove that they qualify according to the means test, Danish law does not discriminate against foreigners as regards the granting of legal aid. People accused of offences under Danish law are always appointed a duty lawyer and translator if required. If you prefer to instruct your own lawyer there is a list of English speaking lawyers available in Denmark.

Legal Aid Copenhagen provides free legal advice to any citizen whether Danish or not and whether you live in Copenhagen or anywhere else. The extent to which they help will be determined on the income of the household. This free legal advice provision “Retshjælp” in English also facilitates a telephone advice line.

Compensation

Denmark has a criminal injuries compensation board in English, applications can be made by those who are the immediate victims of a criminal office committed in Denmark.

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

Translation and interpretation

English is widely used in Denmark with most local authorities and organisations having an excellent ability to communicate in English.

However, in the more rural areas and outside of greater Copenhagen you may need to use an official translator or interpreter when dealing with Danish procedures.

Additional support

Local support organisations

• Parent Association offer support to bereaved parents in Danish
• Danish Cancer Society International offers support for patient’s and relatives affected by cancer in English
• Health Profile Denmark offers support for families dealing with serious/fatal illness and death. English and Danish Support
• The National Grief Centre - Grief Groups (Sorggruppe) – NGOs that can be located throughout Denmark and often within a local parish – offering support and the possibility to talk with others about handling grief of someone close to you. The contact sites are often (in Danish), if in the greater Copenhagen area, there can be English-speaking groups
• Accident Line Accident line, in Danish, are ready to help with free advice and guidance, some English speakers if you have been involved in an accident or bereaved by an accident and have countless questions when meeting everyday realities
• Victim Support Denmark experienced volunteers who can provide support to victims and relatives. [English Speakers available.]

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