- The funeral arrangements
- Donating organs
- Registering the death
- Death Certificates
- Post mortems
- Death as a result of a crime
- The Coroner
- Orphans
- Burials and cremation
The funeral arrangements
Funeral arrangements are usually made by the immediate family of the deceased. The deceased may have left specific instructions about where to be buried or to be cremated and what form the religious or other service should take. Most people respect the deceased's wishes where possible.
If there is any dispute about who is entitled to make the arrangements or about the precise arrangements, the personal representatives are entitled to make the decisions. The personal representatives of the deceased are the executors of the will if there is a will or the people entitled to administer the estate if there is no will. The people entitled to administer the estate in the absence of a will are immediate family members. This means that non-married partners (whether opposite sex or same sex) are not entitled to be involved in the funeral arrangements unless they have been appointed executors or the immediate family agree to their involvement.
You may engage an undertaker or funeral director to deal with most aspects of the funeral. The Irish Association of Funeral Directors has drawn up a code of practice that explains what you can expect from any one of their members.
Usually, the undertaker or funeral director makes the arrangements for providing a coffin, getting a grave, putting death notices in the papers or sending them to local radio stations. You may make the religious service arrangements directly with the church or the undertaker may do that for you.
Where the death took place
In hospital
The majority of deaths occur in hospital and the hospital staff arrange for the laying out of the body and provide a medical certificate of the cause of death. Most hospitals have mortuaries where the body of the deceased may be held until the funeral arrangements are made. You may decide to take the body home or have the remains brought to a funeral home.
At home
If a death occurs at home, you need to contact the doctor (GP) who attended to the deceased during the final illness in order to get a Medical Certificate of the cause of death. You may arrange to have the body laid out at home or brought to a funeral home. You may also have to decide whether or not to have the body embalmed - the undertaker or funeral director can advise you on whether or not this is necessary.
Death abroad
Every country has its own rules about the formalities to be followed when a person dies. Irish embassies and consulates provide help in connection with the deaths of Irish citizens abroad and with arrangements for the return of the remains to Ireland. A list of Irish embassies and consulates is available at www.dfa.ie. If there is no Irish embassy or consulate in the country in question, you may be able to get help from the embassy of any other EU member state. An undertaker here in Ireland should be able to help you deal with the formalities and arrangements required.
Donating organs
Organ donation is possible only if the deceased died in hospital and immediate decisions are taken. If the deceased was carrying an organ donor card and died in hospital, the hospital contacts the person named as next of kin before arranging the removal of organs for transplantation. It is usual to get the family's consent for this but it is not clear that this is essential. If the deceased was not carrying an organ donor card or was too young to have such, the family may be asked to agree to organ donation. You can get further information from the Irish Kidney Association
Registering the death
The death may be registered at any Registrar of Births, Marriages and Deaths office. Before 5 December 2005, a death had to be registered in the district where it occurred. There are Registrars of Deaths in every county.
All deaths must be registered. The main responsibility for registering a death rests with a relative who knows the details in relation to the death. If there is no such relative then anyone who was present at the death or anyone in charge of the premises where the death occurred or anyone who found the body or who has knowledge of the death may be a qualified informant.
If the deceased person died following an illness, the doctor who attended the deceased person must complete the first part of the Death Notification Form and state the cause of death. The doctor must give this form to a relative if there is one and if that person is capable of acting as a qualified informant. The relative must complete the second part of the form giving various personal details of the deceased, including the PPS Number. The form must be given to a Registrar of Deaths within three months of the death. The relative (or qualified informant) must sign the Register of Deaths.
If there is no relative capable of doing this, then the hospital authorities (if the death occurred in a hospital) or the undertaker or some other qualified informer must complete the forms.
If the deceased died of any cause other than illness or where a doctor did not attend the deceased then the Coroner must be informed and he/she makes arrangements to register the death.
General Register Office
Government Offices
Convent Road,
Roscommon.
Tel: (090) 663 2900
Lo-call: 1890 252076
Web: www.groireland.ie
Stillbirths
If you are the parent of a stillborn child, there is no legal obligation on you to register the death. However, you may do so within forty-two days of the birth. The doctor who attended the birth or examined the child must provide, free of charge, a signed Medical Certificate which states the weight and gestational age of the child. You can then register the birth with the local Registrar of Births. If you do not do so, the hospital registers the birth at the end of the forty-two day period, and within 4 months of the birth.
Children born before 1 January 1995 may have their births registered by a parent at any time. Evidence of the birth is needed, for example, a statement from the hospital or the attending doctor. The parent(s) must personally attend the Registrar's Office.
Checklist of details required when registering a death
When registering a death, you need to have the following:
- Full name and surname of deceased
- The deceased's Personal Public Service Number (PPS No.)
- Sex, marital status, occupation and date of birth or age of the deceased
- Date and place of death
- If the deceased was married, the occupation of the spouse, or deceased spouse if widowed
- If the deceased was a child, the occupation of the parent(s) or guardian(s)
- Medical Certificate of the cause of death.
Death Certificates
You can usually get a Death Certificate from the Registrar of Deaths immediately after registering the death. If there is any delay in registration, you do not have to wait for the death certificate in order to apply for most social welfare payments - a death notice from a newspaper is adequate for the initial application. You need a Death Certificate in order to deal with the deceased person's estate.
Post mortems
A post mortem (sometimes called an autopsy) is an examination carried out by a pathologist after the death to try to establish the medical cause of death. The majority of deaths do not require any post mortem because the medical cause of death can be certified by a doctor - a GP or hospital doctor - who has been treating the deceased in the month prior to the death.
A Medical Certificate of cause of death is required in order to register a death. Sometimes the doctor may not be able to give such a certificate without conducting a post mortem, even if he/she has been treating the deceased.
The pathologist or hospital usually ask the family for permission to carry out a post mortem. However, it is not clear that such permission is necessary. In certain circumstances, a Coroner may have to be informed of the death and he/she may require a post mortem to be held. The permission of the family is not required in these cases.
Death as a result of a crime
If the deceased died as a result of a crime, then you may have to deal with the criminal justice system. Your main contact is with the Gardaí who are investigating the crime. The family of a deceased victim have no specific role in the investigation and prosecution of a crime (unless they are involved in the crime or are witnesses). Usually the Gardaí keep the family informed of the progress of the investigation.
Suicide is not a crime so there is no criminal investigation. However, the Gardaí may be involved if there is doubt about the cause of death.
The decisions on whether or not to prosecute and on what the particular charge is to be are made by the Director of Public Prosecutions (DPP). The DPP is not obliged to give reasons for his decision. Family members may write to the DPP giving their views.
Office of the Director of Public
Prosecutions
14-16 Merrion Street
Dublin 2
Tel: (01) 678 9222
Web:
www.dpp.ie
At criminal trials, it is the practice to have seating available for family members. You are not, of course, obliged to attend the trial. You have no specific role in the trial itself but you may be given the opportunity to make a Victim Impact Statement when a verdict has been reached and the sentence is being considered. The judge has discretion about whether or not to allow a Victim Impact Statement.
Criminal Injuries Compensation Tribunal
You may be able to claim compensation from the Criminal Injuries Compensation Tribunal if a family member dies as a result of a crime. The compensation may cover the funeral expenses and, if you are dependants of the deceased, the loss of earnings involved.
Criminal Injuries Compensation
Tribunal
13 Lower Hatch Street
Dublin 2
Tel: (01) 661 0604
Further information
AdVIC (Advocates for Victims of
Homicide) is a voluntary organisation which
supports families bereaved by homicide. It has published a
directory of information for people bereaved by homicide.
(Homicide means unlawful killing and includes murder and
manslaughter).
Web: www.advic.ie
Crime Victims Helpline: 1850 211
407
Web: www.crimevictimshelpline.ie
The Coroner
A Coroner is involved in all cases of sudden and unexpected death. Certain deaths must be reported to the Coroner. All doctors, registrars of death, funeral undertakers as well as people in charge of the premises in which a person died are obliged to inform the Coroner (or a Garda Sergeant) if they suspect that the person died, either directly or indirectly:
- As a result of violence or misadventure
- By unfair means
- As a result of negligence or misconduct or malpractice on the part of others
- From any cause other than natural illness or disease for which the deceased had been seen and treated by a doctor within a month before the death
- In such circumstances as may require investigation.
It is an offence for any person not to carry out this duty. The Coroner may establish that the death was due to natural causes and, if so, he/she issues a Medical Certificate of the cause of death (which can then be used to register the death).
Family members may apply to the Coroner's Court for this certificate and the Coroner's report. The report is not sent automatically.
Inquests
If, after a post mortem, the Coroner is still unable to establish the medical cause of death, an inquest may be held. An inquest is an enquiry into the cause of death: when, where, how and why did the death occur. In general, an inquest must be held if the Coroner considers that the death was violent or unnatural or happened suddenly or from unknown causes. A post mortem and inquest are always required in cases of suicide.
An inquest does not involve any assessment of criminal liability. In some cases, a jury must be present at an inquest but the jury has a fairly limited role. If there are criminal proceedings involved, the inquest must be adjourned until those proceedings have been completed.
The family may attend the inquest and/or be represented by a lawyer. You or your lawyer may examine witnesses.
After the inquest, the Coroner issues a Medical Certificate of the cause of death. The Coroner registers the death in these cases. The Death Certificate is then available from the District Registrar's office.
Orphans
If the bereaved include orphans under the age of 18, immediate arrangements have to be made for them. In most cases, family members care for orphans until long-term arrangements are made. If there are no family members to do this, the HSE should be informed and they will make arrangements for the care of the children.
If the parent(s) have appointed guardians in a will, then the guardians are responsible for making decisions about the children. Appointed guardians do not have to accept this responsibility. If they do accept the responsibility, they do not necessarily take custody of the children, i.e. have day-to day care.
Any dispute about who should be guardians and who should have custody has to be decided by the Courts. That decision is based on the best interests of the child.
Burials and cremation
Burials must take place in approved burial places. All burials must be registered with the local authority and the location of the grave noted - this is done by the people who manage the graveyard.
Before cremation, forms must be signed by a medical referee who must be satisfied that the attending doctor viewed the body before and after death, completed the Medical Certificate and the necessary form stating that there is no reason why the body should not be cremated. The attending doctor is required to examine whether or not the death should be notified to the Coroner.
There may be difficulties arranging an immediate cremation if the cause of death is not clear. A Coroner may in this case complete a Coroner's Cremation Certificate. In some cases, a Garda Superintendent has the power to stop a cremation.
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