Guidance

Paraguay: bereavement information

Updated 11 September 2020

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 coping with 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.

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.

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 here 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 his/her 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 Paraguay, the ‘seniority’ of next of kin is usually as follows:

• spouse/partner/civil partner (same sex partners are not recognised in all cases under Paraguayan local law or practice)
• adult child (i.e. over 18 years old)
• parent
• adult sibling (i.e. over 18 years old)
• an adult with sufficient relationship to the deceased

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 the 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.

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 and 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 Paraguay, you can find a list of funeral directors in Paraguay prepared by the British Embassy in Asuncion.

A relative or a formally appointed representative must instruct a local funeral director in Paraguay or an international funeral director in the UK for a body to be repatriated to the UK, or buried or cremated in Paraguay.

However, if the deceased was insured, you should immediately contact the insurance company to establish if they are able to cover for the repatriation expenses and make the necessary arrangements. You may need the insurance policy number and the associated 24-hour medical emergency contact number to do this. If the travel insurance company confirms that there is a current policy, you should not appoint your own funeral director, even if pressed by local funeral agencies to do so. The insurance company will appoint the funeral director both locally and in the UK.

Registering a 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 Paraguay, you will need to register the death within 24 hours. 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. If 24 hours have passed, a local lawyer will need to assist you with the process of registration.

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 final death certificate includes information such as name, surname, age, ID number, nationality, gender, cause of death, place and date of death.

You do not have to register the death of a British National, which occurs overseas, with the UK authorities. Still, if you wish to register the death in the UK you can find more details on how to do so on the “Register a death” website (this carries a statutory fee).

Post mortem examinations (autopsies)

Autopsies will be carried out in all cases of uncertain, violent or suspicious death, or when requested by a judge.

In these cases and following local law, the body may not be released for repatriation until the judge is satisfied local procedures have been carried out and that no further tests on the body will be necessary for the investigation.

In circumstances where the judge authorises the early release of a body following a request from the family, affected organs can be retained to enable forensic doctors to carry out further tests if needed.

The Embassy can usually request a copy of the report from the court on behalf of the family, but there are instances in which the judge will only give copies or any other information relating to the case to the family appointed lawyer.

Mortuary facilities

Most of the morgues in Paraguay have cold storage facilities but do not meet UK standards. Each funeral home has its own cold storage facilities and rooms for the wake.

Burial, cremation, repatriation

The next of kin 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.

If you choose a local burial, you will need to instruct a local funeral director and they can make the necessary arrangements with either a private of government owned cemetery. A ceremony can be organised by the funeral director or a registered celebrant. You can make specific arrangements depending on your cultural and/or religious beliefs.

If you are thinking of arranging a local cremation, please take advice from your local funeral director. Most crematoriums in Paraguay are able to host a funeral services, you can make specific arrangements with your funeral director depending on you cultural and/or religious beliefs. However, when post-mortem examinations are being carried out by the local authorities, the cremation has to be authorised by the judge. Not every judge will allow a cremation to take place.

Per the local legislation on organ donation, all foreign residents are organ donors unless they had registered their decision to not to do so before a notary public and the National Institute for Donation and Transplant or expressed their wishes when renewing a local ID card or a driver’s license.

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

Personal belongings found on the deceased at the time of death are either handed over to the family, if they are present, or taken by the police. If the next of kin chooses repatriation, it is advisable to instruct the local undertaker to collect the belongings from the police and to ship personal belongings together with the body. If there is an investigation into the death, the deceased’s clothing can be retained as evidence and is not returned until the court case is finished.

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 what to do when someone dies 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, on the “What to do when passport holder has died” website.

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

Police and local authorities will hold an investigation into any death and there are no separate procedures for deaths involving children. Social services will be involved only in specific circumstances.

Deaths in road traffic accidents

Police and local authorities will hold an investigation into any death and there are no separate procedures for deaths involving road traffic accidents.

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 and Development Office will be available to provide support, including by referring you to specialised organisations. You can find more about what they can do on the “Helping British people abroad: murder and manslaughter” website.

If a death is regarded as suspicious, the police will investigate in full. If an offender is identified and charged, they will be prosecuted by the relevant Department of Public Prosecutions.

You should note that if the deceased is repatriated to parts of the UK, a coroner or procurator fiscal might decide to hold an inquest. See the section on UK Coroners and inquests below.

UK coroners and inquests

If the person who died is repatriated 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.

Legal Aid

A Public Defender is pro bono, but legal aid as it is known in the UK, is not available.

You can find here a list of local lawyers prepared by the British Embassy in Asuncion.

Compensation

There is no special law on compensation for foreigners. The foreigner who feels entitled to compensation from the State or any individual may apply to the judicial authorities whenever it is shown that there is harm that is compensable.

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

Translation

The official language used in Paraguay is Spanish and official documents will be issued by the local authorities in Spanish.

If required, you can find here a list of translators and interpreters prepared by the British Embassy in Asuncion.

Support organisations in the UK

In the UK, there are many organisations that can support and help bereaved families. Some of these are listed in “coping with death abroad” guide.

We also have information for victims of crime abroad, which you may find helpful, available on gov.uk.