Guidance

What to do after a British person dies in Malaysia

Find out about local procedures, burials and cremations, and returning the body to the UK

If you are dealing with the death of a child, multiple deaths, a suspicious death or a case of murder or manslaughter, call +603 2170 2200.

Contacting the travel insurance company

If the person who died had insurance, contact their insurance company as soon as possible. Insurance providers may help to cover the cost of repatriation. Repatriation is the process of bringing the body home. Insurance providers may also help with medical, legal, interpretation and translation fees.

If the person who died had insurance, the insurance company will appoint a funeral director both locally and in the UK.

What to do if the person who died didn’t have insurance

If you are not sure whether the person who died had insurance, check with their bank, credit card company or employer.

If the person who died did not have insurance, the next of kin will usually have to appoint a funeral director and be responsible for all costs.

The Foreign, Commonwealth & Development Office (FCDO) provides a list of UK-based international funeral directors.

The FCDO cannot help with any costs. In some cases, funeral directors and lawyers may provide services on a pro bono basis. Pro bono work is done for free or for a reduced cost depending on your circumstances. This is decided on a case-by-case basis.

Charities and organisations that offer support

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.

Registering the death and getting a death certificate

Deaths must be registered in the country where the person died. In Malaysia, a funeral director needs to register the death with the Malaysian National Registration Department (NRD), which will issue a death certificate.

The death certificate will be in both Malay and English languages, although some information may be written only in Malay.

You do not need to register the death in the UK. The local death certificate can usually be used in the UK for most purposes, including probate.

If you wish, you can register the death with the Overseas Registration Unit. You can buy a UK-style death certificate, known as a Consular Death Registration certificate. A record will be sent to the General Register Office within 12 months.

You need to tell the local authorities if the person who died suffered from an infectious condition, such as hepatitis or HIV, so they can take precautions against infection.

Next of kin

The next of kin usually must register the death. Under Malaysian law the next of kin is defined as their married partner or closest living blood relative. They are usually defined in this order: spouse, sibling, friend or employer.

Same-sex partners, whether married or not, are not recognised as next of kin under Malaysian law

If you are not the next of kin, you may need authorisation from that person to register the death or carry out other legal procedures.

Dealing with a local post-mortem

Post-mortems are normally performed when the cause of death is unknown, unnatural, sudden or violent. Post-mortems are carried out by forensic doctors appointed by the court. Cultural or religious sensitivities may not be taken into account. You will not be asked for consent for a post-mortem to take place. The FCDO cannot stop or interfere with the process.

During a post-mortem, small tissue samples and organs may be removed and retained for testing without the consent of the next of kin. You will not automatically be told if this happens.

If you want a copy of the post-mortem report, you must apply through the hospital records department and pay a fee.

Bringing the body home

If the person who died had insurance, find out if their insurance provider can help cover the cost of repatriation. Repatriation is the process of bringing the body home. If so, they will make all the necessary arrangements.

If the person who died is not covered by insurance, you will need to appoint an international funeral director yourself.

Finding an international funeral director

A relative or a formally-appointed representative must appoint a UK-based international funeral director for the person who died to be repatriated to the UK. The FCDO provides a list of UK-based international funeral directors.

Local funeral directors will work with UK-based international funeral directors to make sure all the necessary requirements are met both locally and in the UK. This includes providing documents such as a local civil registry death certificate, a certificate of embalming and a certificate giving permission to transfer the remains to the UK.

Advice and financial assistance for repatriation

There are UK organisations and charities that may be able to offer assistance with repatriation.

Requesting a post-mortem in the UK

If you want to have a post-mortem in the UK after the body has been repatriated, you can request one from a UK coroner. The coroner will then decide if a post-mortem is needed. If you want the person who died to be cremated, you need to apply for a certificate from the coroner (form ‘Cremation 6’).

Bringing the ashes home

You should not have the person cremated abroad if you want a UK coroner to conduct an inquest into their death.

If you choose local cremation and wish to take the ashes back to the UK yourself, you can usually do this.  Check with your airline or local funeral director about specific restrictions or requirements, for example whether you can carry the ashes as hand luggage. When leaving Malaysia with human ashes you will need to:

  • show the certificate of cremation
  • fill in a standard customs form when you arrive in the UK

If it is not possible for you to transport the ashes yourself, a funeral director will be able to make the necessary arrangements. The FCDO provides a list of UK-based international funeral directors.

Burying or cremating the body locally

To have a local burial or cremation, a relative or a formally-appointed representative needs to appoint a local funeral director.

The FCDO provides a list of English-speaking funeral directors in Malaysia.

If a local burial or cremation takes place, there will not be a coroner’s inquest carried out in the UK.

Some hospitals may ask for a ‘letter of no objection’ for the remains to be released to the funeral director or next of kin. You may also need this to arrange a burial, cremation, or repatriation. You can ask for a ‘letter of no objection’ from the British High Commission in Kuala Lumpur. You will need to provide supporting documents for the letter to be issued.

Retrieving belongings

Personal belongings found on the person who died at the time of death are handed to the police if the family is not present.

If you choose to repatriate the body of the person who died, instruct the local funeral director to collect all personal belongings from the police or court and ship them together with the body. In some cases you may need to appoint a local lawyer to do this.

If there is an investigation into the death, clothing may be retained as evidence and will not be returned until the court case is finished.

The FCDO cannot help with the cost of returning personal belongings to the family.

Finding a translator

You may need a translator to help understand information from local authorities or get certain documents translated. The FCDO provides a list of English-speaking translators in Malaysia.

Finding a lawyer

You can apply to appoint a lawyer in certain circumstances, such as a suspicious death. The FCDO provides a list of English-speaking lawyers in Malaysia.

Cancelling a passport

To avoid identity fraud, the passport of the person who died should be cancelled with His Majesty’s Passport Office (HMPO). To do this, you need to complete a D1 form.

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.

Checking you have done everything you need to do in the UK

Check this step-by-step guide for when someone dies to make sure you have done everything you need to do in the UK after someone has died. You can find information on:

  • how to tell the government about the death
  • UK pensions and benefits
  • dealing with the estate of the person who died
Published 2 November 2022