Guidance

Bereavement Pack Panama 2020

Updated 2 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 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 (FCDO)

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.

Essential information

1. 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 Panama it is not normally necessary for the deceased to be identified by the next of kin. Identification can be carried out by means of documentation such as a passport or driving license. If the death is accidental or suspicious, the Panamanian Police will be involved and they will usually, but not always, inform the British Embassy Panama.

If the next of kin is in the UK, they will be able to liaise directly with our colleagues in Consular Directorate in London, informing them of how they wish to proceed with the cremation or repatriation and details of who is taking responsibility for the costs involved.

2. 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.

Access to information concerning a death, other than post-mortem and police reports, is restricted. The Panamanian authorities will not provide this information directly to next of kin. Requests for this information should be made through a legal representative. Our consular staff can provide a list of English speaking lawyers in Panama. The release of any information can take months.

3. 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.

4. 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 Panama, you can find a list of local funeral directors.

5. 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 death certificate issued by the local authorities will be sufficient for all purposes in the UK. A local Death Certificate can also be obtained from the local funeral directors, including probate. If it is not in English, you will need to obtain and pay for an official translation.

Consular death registration:

You do not have to register the death of a British national that occurs overseas with the UK authorities. You can sometimes apply for a consular death registration. This is not mandatory and cannot be used instead of a death certificate from the country where the person died. It is only available in some countries. If you wish to do this, you can find more information and apply online.

6. Post mortem examinations (autopsies)

Certified pathologists carry out autopsies. During an autopsy, organs may be removed for testing, including toxicological studies, at the discretion of the pathologist, without consent from the next of kin. The autopsy report is usually available after the post mortem is carried out.

In some instances, we have experienced great delays in getting the autopsy report. Some pathologists will charge for carrying out an autopsy.

7. Mortuary facilities

The deceased will normally be held at a local hospital or public morgue. However, you should be aware that storage facilities could vary depending on the part of the country. Most morgues will not be the same standard as those in the UK. Although we will do everything we possibly can do to ensure that the deceased is placed in appropriate storage we cannot guarantee the condition of the body.

8. 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 Funeral Directors can help with arranging the cremation. A local death certificate, a letter from Next of Kin giving permission to cremate, copy of the deceased’s passport, passport photos and a ‘no objection’ letter from the British Embassy Panama are required in order to carry out the cremation. If the next of kin choose to have a local cremation and take back the ashes to the UK themselves, they can do so with minimum bureaucracy. Funeral Director can advise on the procedure. If this is not possible, they can arrange the necessary paper work for the return of the ashes to the UK.

A local burial is possible. If next of kin do not own or buy a plot of land at a private cemetery in Panama where they will bury the deceased they will need to enlist the services of an undertaker who can apply to the Local authorities for permission to bury in the government/local cemetery. A fee may be charged for this.

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.

If the deceased is covered by travel insurance, the insurance company will normally have a standing agreement with an international Funeral Director in the UK to arrange repatriations. If the deceased is not covered by insurance, the next of kin will need to appoint a Funeral Director in Panama or an International Funeral Director themselves. A list of funeral directors in Panama is available on our website.

Local Funeral Directors are equipped to carry out repatriation procedures and will provide the special caskets required for the international carriage of human remains. Documentation such as a local death certificate, a certificate of embalming, and a certificate giving permission to transfer the remains to the UK may be required to ship the remains.

This will be arranged by the Panamanian Funeral Director. Local formalities vary depending on the circumstances under which the deceased died and local bureaucracy. The Funeral Director can advise on time frames. In certain circumstances immediate repatriation may not always be possible. Our consular staff will try and inform next of kin as soon as possible if this is the case.

If the death was accidental, or happened under suspicious circumstances a legal post mortem report, burial permit and acknowledgement from next of kin will be required before burial. The Funeral Director can arrange all the above.

9. Return of personal belongings

The deceased’s clothing is normally destroyed during the post mortem examination and on some occasions it is retained as evidence and is not returned until the court case is finished.

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 to be handed over to the court/funeral director.

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

10. 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.

11. 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.

Further Information

12. Child deaths

A child’s death would be investigated the same way has an adult’s death. In some specific circumstances child services would get involved, i.e suspicion of death due to child abuse or/and where other surviving children could be effected.

Local funeral directors can help with burial, cremation or repatriation a child’s body. They will follow the same procedures mentioned in section 8.

13. Deaths in road traffic accidents

Deaths caused by road traffic accidents will be properly investigated and processed through the Panamanian Public Ministry. This may involve a court hearing and sentencing procedure. All parties involved including the deceased might need legal representation. Here you can find a list of lawyer in Panama.

14. 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.

Deaths investigated as murder or manslaughter will be properly investigated and processed through the Panamanian Public Ministry. This may involve a court hearing and sentencing procedure that can take several months. All parties involved including the deceased might need legal representation. Here you can find a list of lawyer in Panama.

15. 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.

16. Legal Aid

There is no legal aid available in Panama.

17. Compensation

There is no government compensation scheme in Panama.

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

18. Translation and Interpretation

In Panama the official language is Spanish. English is widely understood but not spoken within Panama.

All documents that will be used legally in the UK need to be translated to English. Panamanian local authorities do not provide translation or interpretation in English; here you can find a list of Translators and Interpreters in Panama City.

Also all documents should be legalised through the Panamanian Ministry of Foreign Affairs. You can find more information on the website. Your local funeral director can also provide assistance with this service.

Additional support

19. Local support organisations

There are no local support organisations in Panama.

20. 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.

21. Annex: List of local funeral directors