Liberia: bereavement information
Updated 30 September 2024
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. You should contact local lawyers for independent legal advice.
LIBERIA: bereavement information
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 5000.
If you are not in the UK, you can find the contact details of the nearest British embassy, high commission or consulate.
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.
Under Liberian law, a next of kin is generally the person’s surviving relatives who have the right to inherit from the person’s estate. If the person dies without a will, the next of kin is usually categorised in a hierarchy. First is the surviving spouse, and any of their children (Liberian law requires them to be legitimate). The second is the person’s surviving parents and the deceased’s siblings (or the children of any deceased siblings). The Decedent Estate Law of Liberia defines who is a next of kin in the event of a dispute. The Probate Court and the civil law courts are usually engaged in matters concerning the disposition of property. Same-sex spouses may be recognised as next of kin as the Domestic Relations Law of Liberia recognises marriages that are legally valid in the country where they took place, provided that such a marriage is not contracted with the intent to circumvent Liberian law.
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.
When a person dies, the person’s next of kin will have to get letters of administration from the Probate Court to be able to legally administer the person’s estate in Liberia. Liberian banks have required people to bring letters of administration and other documents from the Probate Court to access information about a deceased person’s account.
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.
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 Liberia, you can find a list of funeral directors in Liberia.
The Liberian law does not state when a funeral director should be appointed. However, the Public Health Law requires that a permit be issued to handle the remains of the person who died. This is required to be done within 24 hours of the issuance of the certificate or permit. There are no clearly stated consequences for a failure to comply with this directive but next of kin are encouraged to follow such procedures. If the next of kin is not present in Liberia, or finds it distressing, a funeral director can register a death on behalf of the next of kin and undertake repatriation of the body. However, if the next of kin decides to appoint an international funeral director in the UK, they will have to put them in touch with the local funeral director in Liberia, where the body is located, to have them coordinate the repatriation process.
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. In Liberia, a funeral director can do this for you, but the funeral director will need an authorisation (which should be notarised) from the next of kin, a copy of the deceased’s passport, the death notification form and the application fees.
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. If it is not in English, you will need to obtain and pay for an official translation.
It is only the Bureau of Vital & Health Statistics, Ministry of Health, that issues a death certificate in Liberia. A death certificate is required for all deaths that occurred in Liberia regardless of the nationality of the deceased. To obtain a death certificate, an informant would apply to the Bureau of Vital & Health Statistics by filling in a death certificate application form and attaching relevant documents, such as a marriage certificate if the informant is the spouse of the deceased, a copy of the deceased’s passport, the death certificate application fees, and the death notification form stating the cause of death and signed by a licensed medical practitioner. If the cause of death is unknown, the Bureau of Vital & Health Statistics will ask the informant to get an affidavit from the Court in Liberia declaring the cause of death unknown. It is important to know that death on arrival at a medical facility is also considered an ‘unknown cause of death’. If the death was caused by a road traffic accident, the informant would include the police report with the other documents listed above and attach to the death certificate application form and submit to the Bureau of Vital & Health Statistics. Following which, an interview will be scheduled (Mondays, Wednesdays and Fridays between 10:00am and 15.30 at the Office of the Bureau of Vital & Health Statistics). Following a successful interview, the death certificate is issued within 7 working days.
Post mortem examinations (autopsies)
In Liberia the coroner has the authority to carry out or order an autopsy in cases where the cause of death is suspicious and cannot be determined by a preliminary examination. Local law is opaque on whether the next of kin’s consent is needed beforehand, and on whether the autopsy report must be provided to the next of kin. However, the coroner is required to present the report to the magistrate or justice of the peace and the prosecuting attorney. This report and all other documents are written in English.
Mortuary facilities
Mortuary facilities and equipment in Liberia may not be up to UK standards. As a general practice in Liberia, when a body is taken to a mortuary, the next of kin or authorised person can have the opportunity to visit the mortuary to identify the body before and after embalmment or preservation, and before it is released for a funeral. Cold storage facilities are available at some mortuaries in Monrovia, however, where the next of kin or family decides to repatriate the body, a preservation by embalmment, instead of cold storage, is carried out. There is a cost to the next of kin or family for keeping a body at a mortuary. These costs will vary based on the condition of the body. Conditions which are considered complex, such as burns, incur a higher cost.
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.
Local burial can be done in Liberia for a foreign national. Cremation and the scattering of ashes is not common in Liberia, but local cremation is also possible. This will be done at the Gurdwara Sahib Cremation Facility which is the only crematorium in Liberia so far. Usually before a cremation is carried out, the funeral director will request permission from the next of kin or family and the British Embassy. In cases where the cause of death is unknown, an autopsy might be ordered, and this could affect the timing of the funeral. In the case of no suspicion, the decision on when to arrange a funeral is left to the next of kin or family. Bodies are only embalmed when the next of kin or authorised person approves. Several funeral directors have the capacity to preserve bodies in a cold storage facility in lieu of embalmment.
Following a death, a post mortem will be conducted only when the deceased did not pass away at a medical facility and the cause of death is unknown. In some cases, a post mortem may be carried out without a toxicology report. Funeral directors only repatriate bodies when there is authorisation from the embassy, the next of kin or the family or an authorised person, and with a consulate mortuary certificate.
When a person dies and the body is taken to a mortuary, it is expected that the next of kin or family will underwrite the cost of a funeral. In the event the next of kin or family cannot pay for a funeral, the funeral director, where unsuccessful in obtaining payment from the family, will seek a permit from the local government to bury the body at a mass grave.
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
If the person who died had insurance, check with the insurance company if this covers the return of their personal belongings.
Liberian law requires that the coroner make an inventory of all possessions found on the person who died. Any of these that the prosecuting attorney requests to be turned over to be used as evidence in a criminal prosecution will be given to them. The law requires that all other property should be turned over to the person’s legal representative. If the next of kin or authorised person is not happy with the process and wants to raise a concern or complaint, they are advised to do so in consultation with a lawyer.
Please note, the British Embassy 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 about what to do when someone dies.
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 the passport 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
The remains of any person whose death occurs in Liberia can only be buried, cremated, or otherwise disposed of if a permit to handle the body is issued by the registrar in the district in which the death occurred.
Deaths in road traffic accidents
Death in a road traffic accident must be registered at the Bureau of Vital & Health Statistics for a death certificate. To do this, the next of kin or authorised person should receive a police report which they should attach to the death certificate application form along with other supporting documents.
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 how the FCDO can help with murder and manslaughter abroad.
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.
Under Liberian law, a coroner is required to investigate all suspicious deaths and determine the cause of death. All deaths that fall into one of the following categories are required to be reported to the coroner of the county or district in which they occurred:
- death by violence (that is, by homicide, suicide, or accident)
- death as a result of an abortion or attempted abortion
- sudden death of a person who was formerly healthy was discovered dead
The Liberian police have the right to investigate all crimes in the country. However, they cannot override the law that gives the coroner the authority to investigate suspicious deaths. If a death is being investigated as murder or manslaughter, the coroner, as per the Criminal Procedure Law of Liberia, gathers the required evidence, their conclusion, and the coroner’s jury opinion on what caused the death and who may be responsible for causing it. The coroner then submits this in a report to the prosecuting attorney or the magistrate.
Though not written in the law, the police often investigate suspicious deaths, prepare a charge sheet and bring charges against the person it deems as the suspect. In most instances, the police introduce such suspects into the criminal justice system via a magistrate without the involvement of the prosecuting attorney even though for someone to be tried for a felony of that magnitude, a grand jury must evaluate the evidence before an indictment is issued or declined. The body of the victim is often kept under the authority of the police while their investigation is ongoing or at least until they can arrange an autopsy.
It is difficult to determine how long a trial will last in Liberia. Most people detained in Liberian prisons are awaiting trial. In some instances, it has been years without any movement on their cases. Having said this, the Criminal Procedure Law, requires that all cases dealt with by magistrates should be concluded within a month. Criminal cases brought before a circuit court on an indictment should be concluded by the next term of court after the indictment is brought, or the indictment will be dismissed unless good cause is shown not to. Where the person is arrested for committing an indictable offence and the person is not indicted by the end of the next term of court the complaint shall be dismissed by the court.
Once the investigation has concluded, it should be passed to a public prosecutor. However, the police have been known to proceed to court and bring charges before the involvement of a prosecutor.
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 His Majesty’s 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
Legal Aid
There is not a formalised legal aid scheme especially one that is codified in the Liberian law, although some are operated by NGOs and the Liberian National Bar Association. Walk-in services are available for the LNBA’s legal aid program. The government runs a public defender programme for people charged with serious criminal offences. At least one public defender is located in each of Liberia’s 15 counties.
Compensation
The Private Wrongs Law of Liberia provides mechanisms through which individuals can seek compensation from individuals and the government for injuries or death.
You can find information on UK compensation for victims of terrorism overseas
Additional support
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
Some UK-based charities and organisations may be able to offer assistance, support and information to people affected by a death abroad. The FCDO provides a list of UK-based charities and organisations.