Guidance

Croatia: bereavement pack

Updated 24 August 2020

Applies to England, Northern Ireland and Wales

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. Please also see 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 the Foreign, Commonwealth & Development Office

There is a lot of information below, but you may have questions. If you are in the UK, you can speak to someone by phone 24/7, by contacting the Foreign, Commonwealth & Development Office in London on 0207 008 1500.

If you are not in the UK, you can contact the British Embassy in Croatia at 00385 1 6009 100 and choose the consular option, or find the contact details of all British Embassies, High Commissions or Consulates here.

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.

If the next of kin is in the UK, our Consular staff will contact them regarding their wishes about the deceased person, and the details of who is taking responsibility for the costs involved. We will do our best to make sure that these wishes are carried out.

When someone dies in Croatia and the next of kin is in the UK or abroad, Croatian authorities normally notify the British embassy of the death of a British National. The British Embassy will do whatever they can to trace the next of kin as soon as possible and will ask the UK police to pass on the sad news. However, you might also be notified about the death directly by someone else, for example a local friend of the deceased, a doctor, etc.

There is no definition of next of kin in Croatia. However, a living /spouse/partner/civil partner, a child, a parent, a sibling or an adult with sufficient relationship to the deceased, will be recognised as next of kin by the authorities. Same sex spouses are recognised under local law and practices as next of kin.

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.

Inquiries into deaths in Croatia are not public. Access to information concerning a death such as post-mortem reports, toxicology and histopathology results and police reports may be restricted until the Investigating Judge has reviewed the evidence.

The Croatian authorities will usually not provide this information directly to next of kin, or to third parties, including the Embassy, until after the conclusion of the preliminary investigation. However, in exceptional circumstances and with the Power of Attorney of the next of kin, they would provide the information to the Embassy consular staff. The release of any information will usually take some time. In some cases in order to have access to the investigation and obtain information from the court files, the next of kin may have to make their request via a lawyer. In some cases, consular staff can also assist with making the request.

If you are in the UK and want to apply for a copy of the post-mortem and police reports or test results, you must apply through the Coroner in the UK (in the case of a repatriation) or through a lawyer. Our consular staff can provide lists of English-speaking lawyers in Croatia. The release of any information can take some time, and the documents will be issued in Croatian.

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.

Please note that the insurance policy may be void if the death is alcohol or drug related.

Appointing a funeral director

In general, Croatian funeral companies are modern and well equipped and are used to working with foreigners. Some have English-speaking staff, but you should check with the funeral director, especially in rural areas. The Embassy and the Consulate consular staff can help you communicate with the funeral directors in Croatia .

A relative or a formally appointed representative will need to instruct a local funeral director in Croatia or an international funeral director in the UK for the person who died to be repatriated to the UK, or buried or cremated in Croatia. However if the person who died 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.

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 international funeral directors have a vast network of their assistants, i.e. local undertakes around the world. The Foreign, Commonwealth & Development Office produces a list of international funeral directors in the UK.

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

Funeral directors in Croatia can carry out repatriation procedures. They will also arrange any necessary documentation such as a local death certificate, a certificate of embalming and a certificate giving permission to transfer the person who died to the UK.

Registering the death and obtaining a death certificate

All deaths must be registered locally in Croatia. Local and International death certificates are issued by the nearest Register Office. Register Offices are located in all the main cities and towns. If a death occurs in a village the nearest town would issue the certificate required. The local authorities need to be told if the person who died suffered from an infectious condition (such as hepatitis or HIV) so that they can take precautions against the infection.

In Croatia, the funeral director will arrange for the registration of the death with the local Croatian Register Office, which will issue a death certificate.

Most register offices in Croatia will also be able to provide an international multilingual version of the death certificate. You can apply for a copy of both the local and International Death Certificate through the local funeral director, who can also obtain further copies on your behalf.

In order to register the death the funeral director will ask you for some information. This is likely to be full name of the deceased, gender, date and place of birth, date and place of death, residential address, marital status, parent’s names and, if the funeral arrangements are in the UK, the cemetery and town of final destination. In Croatia, the cause of death does not appear on the death certificate.

You do not need to register the death with the UK authorities. The local Croatian 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, or use the International death certificate.

Registering the death in the UK

There is no legal obligation for an overseas death of a British national to be registered with the British Embassy. However, there are the advantages that a British style death certificate is then available and that a record of the death is afterwards held at the General Register Office in the UK.

To apply please follow the guidance available at www.register-a-death.

Alternatively you can contact:

Overseas Registration Unit
Foreign, Commonwealth & Development Office
PO Box 6255
Milton Keynes
MK10 1XX

Or email deathregistrationenquiries@fcdo.gov.uk with specific enquiries.

A registration cannot, in any case, be made without presenting the death certificate issued by the local civil authorities. The local and international death certificates issued by the local authorities will be sufficient for all purposes in the UK.

Notifying the UK Government of the death: tell us once

Tell Us Once is a service that lets you report a death to most government organisations in one go.

Tell Us Once will notify:

• HM Revenue and Customs (HMRC) – to deal with tax and cancel benefits
• Department for Work and Pensions (DWP) – to cancel benefits, eg income support
• Driver and Vehicle Licensing Agency (DVLA) – to cancel a driving licence
• Passport Office – to cancel a passport
• The local council – to cancel housing benefit, council tax benefit, a Blue Badge, inform council housing services and remove the person from the electoral register

Please visit the following page for more information.

Post mortem examinations (autopsies)

Whilst the procedures involved around a post-mortem can be harrowing for family and friends, the British Embassy has no powers to change procedures or challenge local laws, and is often not informed of the details surrounding each individual post-mortem. This information has been drawn up to help you understand under what circumstances a post-mortem would be carried out.

Under Croatian law, post-mortems will be mandatory in the following cases:

1. of the person who has died at a health institution in Croatia, and the exact cause of death has not been established
2. upon request of the medical doctor (MD) who has medically treated the deceased person
3. of the person brought to the health institution with an unknown cause of death
4. upon request of MD assigned to establish the cause of death
5. upon request of the family member of the deceased
6. if requested by the investigation authority on the basis of a suspicion that the death was caused by a criminal offence or related to a criminal offence
7. when it is of special relevance for the protection of health of citizens or when epidemiological and sanitary reasons call for it

The cost of the post-mortem will be borne by the state, except in situations 5 and 6, when the cost will be carried out by the person or the investigation authority which has requested the post-mortem.

If an individual dies in a medical institution, an agreement may be reached with the next of kin that a post-mortem will not be carried out. However, this is only after consultations between senior hospital management and the next of kin, in co-ordination with the pathologist (if there is one at the medical institution).

Embalming is not an obligatory requirement but can be requested by the next of kin especially when repatriation is considered.

Mortuary facilities

The police or the Public Prosecutor may ask a family member or friend of the deceased to view the body for identification purposes before a post-mortem takes place. Or, immediate family members may wish to see the deceased before burial or repatriation takes place. You may ask assistance from the consular officer to help you to arrange a visit to the mortuary.

In general, mortuaries in Croatia are of a similar standard to the UK except in some rural areas where there may not be cold storage facilities. State mortuaries are usually attached to hospitals and to Forensic Institutes where post-mortems are carried out.

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

Prices of a local burial vary and can be between approximately from £300 to £1600 (or more expensive due to the equipment chosen). If the next-of kin chooses to proceed with a local burial they will need to appoint a local funeral director.

Cremation and transportation to the UK

If next of kin chooses cremation and wishes to take the ashes back to the UK themselves, they can do so with the assistance of local funeral directors, who will be able to arrange the necessary paperwork. Please note that cremation facilities in Croatia are available only in Zagreb.

Most airlines might allow carrying the urn with the ashes as hand luggage or checked luggage. Please check directly with the airline to confirm how ashes can be carried and what paperwork is required. If carried as hand luggage, you will most probably need to take the urn out of the bag for the X-ray.

Repatriation

The price of repatriating a deceased person to the UK can vary between approximately from £1000 to £3000 (in addition to the costs levied by the local funeral director). If the deceased was covered by travel insurance, it is important for next of kin to contact the insurance company without delay. The insurance company will normally have a standing agreement with an international funeral director in the UK to arrange repatriation.

If the deceased is not covered by insurance, the cost of repatriation or burial will need to be met by the next of kin. The next of kin will then need to appoint a funeral director in Croatia or an international funeral director who will liaise with a Croatian funeral director.

You can find the list of local funeral directors, and the list of international funeral directors. A link to the lists of international and local funeral directors can be found in the annex below.

Either the international or local funeral directors will usually establish links with one another and would normally work together to ensure that all the necessary requirements are met in Croatia and the UK.

Local funeral directors in Croatia are equipped to carry out repatriation procedures and will provide the special caskets required for the international carriage of human remains. They will arrange complete documentation needed for repatriation on your behalf:

• a local civil registry death certificate (two forms are available and equally acceptable: in local language only “Izvod iz maticne knjige umrlih” or bilingual international form ”Extrait de l’acte de deces”)
• a doctor’s death certificate (including cause of death)
• a certificate of embalming or post-mortem, if carried out
• a freedom of infection certificate issued by a sanitary inspector under the Croatian Ministry of Health

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 British Embassy can put you in touch with local or international funeral directors who can advise you on the options available and costs for burial, cremation or repatriation to the UK and the return of personal belongings. Please note, the British Embassy, 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 about what to do when someone dies.

British passport cancellation

In order to avoid identity fraud, you should send the deceased person’s passport to the British Embassy in Zagreb or HM Passport Office (HMPO) in the UK for cancellation along with form D01.

Next of kin can request the passport to be returned to them. Likewise, if the passport has been lost or mislaid, relatives should get in contact with either the Embassy or the HMPO for instructions on reporting the loss of the document.

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

Stillbirth

When a baby is stillborn in Croatia, a Birth Certificate is issued with a note stating that it was stillbirth. A hospital is required by the law to notify a Local Registry office within 18 days. In the case of stillbirth, a Death Certificate is not issued.

If the baby was born alive but passed away, then both Birth and Death Certificates are issued.

Deaths in road traffic accidents

Croatian police will hold a full investigation into any death, other than those of natural causes; there are no separate procedures for death in 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 & Development Office will be available to provide support, including by referring you to a specialised organisation. You can find out more about how the FCDO can help with murder and manslaughter abroad here.

As well as the support which we can offer if someone dies from natural causes, we can also suggest the best way to raise any concerns with the local authorities if there is evidence of someone dying under suspicious circumstances.

We can also offer basic information about the local police system and local legal system, including any legal aid that is available. If required, we can provide lists of local lawyers and interpreters and, where possible, details of support groups.

In all cases where you, as next of kin, have concerns about the circumstances surrounding the death, we suggest you get professional legal advice.

Investigation

We cannot investigate deaths ourselves and, in many countries, investigating authorities and the courts will not answer questions, including from our own staff. If this is the case, it is very important to consider appointing a local lawyer who can look after your interests in court and follow any trial for you. We also cannot decide on whether or not a death of person should be investigated.

The police make decisions regarding investigations, and they cooperate with the local Public Prosecutor/State Attorney and the courts. In Croatia, there are County Courts and Municipal courts; and the Public Prosecutor/State Attorney can be a County and/or a Municipal Public Prosecutor/State attorney.

The State attorney will decide whether to press charges, depending on the evidence provided by the investigation. The judge appointed to the case may request further investigation if evidence provided is considered insufficient. In all cases where you, as next of kin, have any legal questions regarding the Croatian legal system and legal processes, we suggest you get professional legal advice from a local lawyer.

Standards

We will consider making appropriate representations to the local authorities if there are concerns that the investigation is not being carried out in line with local procedures or if there are justified complaints about discrimination against the person who has died or their family. The standard of investigative procedures and expertise varies greatly across the world.

Meeting family representatives

Consular staff in London are available to meet family representatives when they are back in the UK. They will contact the next of kin if the investigating authorities tell us about any new developments. Where possible, if the next of kin visits the country where the person died during the early stages of the investigation and initial court hearings, our staff there may be able to meet them.

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.

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 official guide on our website.

Legal Aid

The British Embassy Zagreb has a list of English speaking lawyers available online, if you need legal assistance.

British nationals who need legal representation but cannot afford to appoint a lawyer can apply for legal aid in most European countries.

The Legal Services Commission in London website is responsible for legal aid applications overseas. (Tel: 020 7759 0000,

The Croatian Bar Association’s pro bono legal assistance is mainly available to local residents who are eligible and registered for social support.

In order to apply for free legal assistance, the Croatian Bar Association requires the following documents (not an exhaustive list):

• a self-signed application for appointment of a legal representative without a fee, specifying the type of the legal process, and if the process is already ongoing, specify the reason why, under which jurisdiction and provide a copy of the lawsuit
• a photocopy of the letter from the competent tax office on the financial status
• a photocopy of the amount of monthly earnings, or a letter from the Employment Agency for unemployment or a letter to confirm full-time education
• other documents they might require

Please note that filing an application with the Croatian Bar Association for the appointment of a free legal representative does not interrupt or stop the expiry of deadlines prescribed for filing lawsuits, filing remedies, or other prescribed deadlines. The free legal assistance provided by the Croatian Bar Association is not about providing legal advice but is about representation in court.

Applications for the appointment of a legal representative without the right to an award should be mailed to:

CROATIAN BAR ASSOCIATION
KOTURAŠKA 53 / II
10 000 ZAGREB
REPUBLIC OF CROATIA

Compensation

Immediate victims of a criminal offence committed in Croatia might be entitled to compensation from the Croatian State Budget.

The police, the Public Prosecutor’s office and the courts are required to provide information on the right to compensation, provide relevant application forms, and upon request, provide general instructions and information on how to complete the application and what supporting documentation is required.

The application for financial compensation is submitted to the Ministry of Justice on the form which can be downloaded from the Ministry’s website.

For additional information on how to get compensation, please go to UK compensation for victims of terrorism overseas.

Translation and interpretation

Official language in the Republic of Croatia is Croatian. All legal documents issued by the court, the police and other authorities are in Croatian. You are entitled to request the English version of the legal document from the court, but please note that it may take time for the court to have it translated.

If you need a translator or an interpreter, please see our Embassy list of translators and interpreters.

Additional support

Further information about the role of UK Coroners, post-mortem, inquest, dealing with the will and the estate, as well as useful organisation and support for the families in the UK is available on the FCDO publication: Guide for Bereaved Families.

Local support organisations

Croatian Government offers various support for victims of crime. The rights include access to victim support services and the right to effective psychological and other professional assistance and support from crime victim bodies, organisations or institutions.

Free Phone for Victims of Crime - National Call Center for Victims of Crime and Misdemeanors (116 006)

By calling the free number of the National Call Center for Victims of Crime and Misdemeanors - NPC-116-006, citizens can obtain information on victim and witness rights, emotional support, practical information, as well as information about institutions and organisations that can provide additional forms of assistance. Information and support provided by specially trained volunteers are available both in Croatian and English from 8AM to 8PM on weekdays.

There are also Victim and Witness Support Departments established in seven county courts in Croatia, with the purpose to support victims of crime and domestic violence offences and to alleviate stressful testimony and courtroom situations. You can find the contact info for each of the seven county courts here. Please note that the link is in Croatian.

In addition to the victim and witness support departments, there are numerous civil society organisations and public institutions involved in the program “Support and Cooperation Network for Victims and Witnesses of Crimes” in Croatia. These civil organisations assist victims in dealing with psychological, emotional, social and practical losses, providing emotional, psychological and/or practical assistance, protection, advice and information.

You can find details and contacts of all the organisations involved in providing support to victims and witnesses of crime here. Along with the list of the organisations, you will also find links to all Counties in Croatia which will lead you to a webpage containing information and contacts for support organisations for that specific county area. Please note that the website is in Croatian.

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.

Annex

List of local funeral directors