Guidance

Nicaragua: bereavement information

Updated 12 September 2019

1. 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 takes any responsibility for the accuracy of the information, nor accepts 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.

2. 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.

3. 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 +44 (0) 207 008 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.

4. 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.

In Nicaragua the seniority of next of kin is usually as follows:

• spouse/Partner/Civil Partner (same sex partners are not recognised under Nicaragua local law or practices)
• descendants up to the second degree of consanguinity
• ascendants up to the second degree of consanguinity
• siblings
• any first degree affinity relative
• legally declared heir (if not contemplated in the above mentioned)

5. 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.

Next of kin have the right to be informed of any developments in the local proceedings, but usually the local authorities won’t proactively reach out to inform the family. The family can contact the British Consulate for help on this.

6. 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.

7. 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 Nicaragua, you can find a list of funeral directors in Nicaragua.

8. 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. If it is not in English, you will need to obtain and pay for an official translation.

The hospital in Nicaragua will issue a legal medical report (“epicrisis”) which must be registered at “Registro Civil de las Personas” of the respective “Municipio”. This certificate is issued after two days of the request, and the death of the person will be formally registered.

In the case of an autopsy being carried out, the death certificate will state - ‘Cause of Death Still under Study’ - because until all the examination results are completed, a temporary certificate is issued. The final certificate is likely to take approximately one month.

All documents will be issued in Spanish.

9. Post mortem examinations (autopsies)

When a person has obviously died of natural causes an autopsy is not necessary. The autopsy is performed only when a crime or accident is presumed. The autopsy is performed by a medical examiner approved by the “Instituto de Medicina Legal”.

As general rule, the organs are not retained and remain with the body. Only small organ and blood samples are taken for medical examinations.

The autopsy report is available for the family, it is only necessary to prove the link with the deceased. The report is made available to the family through a request from the Embassy but it takes approximately one month for its release. This is because some of the results of the laboratory examinations take time.

The autopsy report will be issued in Spanish.

10. Mortuary facilities

Mortuary facilities are in cold storage. In general, all hospitals in Nicaragua have them. There is no cost to the next of kin when the person who died is kept at the mortuary.

11. 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 burials: These are available within a variety of prices.

Local Cremation Facilities: Some funeral homes have cremation facilities.

Appointment of an international funeral director for repatriation. There are funeral directors who are familiar with international repatriations and they are efficient. At the appropriate time, quotations can be obtained from some of the main companies.

To repatriate a body an authorisation from the Ministry of Foreign Affairs and the Ministry of Health is needed.

If a family member is present in Nicaragua, and requests the body, it then it can be released to him/her. If no family member is present, the Embassy can act on behalf of the family and with their consent and following their instructions choose a funeral director who handles all permissions.

Bodies are not usually embalmed as general rule. They can be embalmed upon request if a repatriation is being carried out, in order to maintain the body during the proceedings.

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.

12. Return of personal belongings

Normally a list of the belongings is sent to the family; then, the family chooses which items they wish to be returned and then obtain a quotation for the corresponding return and arrange shipment.

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

13. 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.

14. 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.

15. Child deaths

Police and local authorities in Nicaragua will hold a full investigations into any death and there are no separate procedures for deaths involving children.

16. Deaths in road traffic accidents

Police and local authorities in Nicaragua will hold a full investigations into any death and there are no separate procedures for deaths involving road traffic accidents.

17. 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 organisations. 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.

In Nicaragua, the police are obliged to be present in the scene of the crime or accident as soon as possible. Then the body is taken to the Forensic Medicine Institute where the causes of death are studied. The police, together with the Forensic Institute, conduct the investigation and send the information to the Public Prosecution Office, who is in charge of filing the accusation before a Criminal Court.

Police usually make a copy of their report available to the family. A copy of the report may be obtained through the British Embassy.

What happens if the police apprehend a suspect and the State decides to prosecute? The suspect is temporarily detained by the police for up to 48 hours, until the Public Prosecution Office files the accusation before the judge.

A preliminary hearing takes place during which the judge appoints a Public Defender and an interpreter (if the detainee does not speak Spanish).

If the judge orders a preventive detention, the trial should take place within three months approximately, if not the trial will take place within 6 months approximately. It is also possible for a suspect to hire their own private defender.

18. 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 happens 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.

19. Legal Aid

The appointment of the Public Defender is mandatory by the judge at the first hearing and free of any charge.

If preferable, a list of local lawyers can be found in this link

20. Compensation

State compensation is not usually available via the local courts.

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

21. Translation and Interpretation

Spanish is the official language in Nicaragua. The appointment of an interpreter is mandatory by the judge at the first hearing and free of any charge.

22. Additional support

22.1 Support organisations in the UK

In the UK, there are many organisations that can help bereaved families. Some of these are listed in this guide.