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Funeral Services in France Angela Clohessy 2013

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Death and Dying in France

A guide to help you

Angela Clohessy Dip. FD MBIFD – English Speaking Funeral Services

Grande Rue 82190 Bourg de Visa

France Tel: (0033) 5 63 39 55 97 from United Kingdom

Tel: 05 63 39 55 97 from France Email: [email protected]

Web: www.funeralservicesinfrance.com

mailto:[email protected]

http://www.funeralservicesinfrance.com/


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English Speaking Funeral Services in France

“Peace of mind at your hour of need”

“Dealing with the death of a loved one is hard, but help is available” All of us like to think that we are to some extent immortal; because of this the majority of people do not like to think of death, either of ourselves or someone close to us. Sadly, few of us are aware of the many practical things that need to be done after someone has died. Having to deal with this difficult time in a country that is not our place of origin is hard enough. We may be faced with a minefield of additional questions and concerns and no matter how well we have learned the language, at one of the most stressful times of our lives it is imperative to know we are doing the right thing. If France is your main residence or even where you have your second home then it is very important that you or your relatives, know what to do in the event of a death. This information sheet aims to outline all of the practical considerations and obligations around dealing with a death in France. Helping you to cope with the multiple decisions and processes you may be faced with. Some of the information may also help you to consider in advance your wishes following your death. Decisions related to end of life issues are often difficult and personal. Planning means you can rest assured your wishes are fulfilled and your relatives will be less burdened when the time comes.


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CONTENTS

REPORTING, DECLARING & REGISTERING A DEATH

CREMATION AND BURIAL

REPATRIATION, THE WORK OF THE CORONER & POST MORTEMS

POLICE AND JUDICIAL ENQUIRIES

RELEASE OF INFORMATION, LEGAL AID & VICTIM SUPPORT

CHOOSING A FUNERAL DIRECTOR

FUNERAL SERVICES IN A CREMATORIUM OR CHURCH

COSTS AND FINANCING OF FUNERALS

FUNERAL PLANS/ INSURANCE

DONATING YOUR BODY TO MEDICAL SCIENCE

ORGAN or TISSUE DONATION

LIVING WILLS AND HOW TO WRITE THEM

GREEN FUNERALS

USEFUL CONTACTS

GLOSSARY OF USEFUL TERMS


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REPORTING, DECLARING & REGISTERING A DEATH DEATH AT HOME

1. Contact your doctor. He will issue a medical certificate of death Le Certificat Medical de Deces stating he has confirmed the death and legally stated that someone has died

2. Call the SAMU if you cannot get in contact with your doctor 3. Call the Funeral Home – Yellow Pages so they can remove the deceased to either the

hospital mortuary or the Funeral Home mortuary 4. Locate the deceased’s carte de sejour or passport for the Doctor and the Funeral Home

so they have the correct details 5. Give the Funeral Home the following documents

1. Medical certificate of death Le Certificat Medical de Deces 2. Deceased’s carte de sejour or passport 3. Residence address details 4. Marriage certificate (if applicable) 5. The maiden name if the deceased is female

DEATH IN A HOSPITAL OR RETIREMENT HOME If the death occurs in a hospital or retirement home the doctor attending the deceased will issue a medical certificate of death to legally confirm the death. The ‘on duty’ funeral home will then be called to remove the deceased to the hospital mortuary. It should be noted that you are under no obligation to use the funeral home that is ‘on duty’ for any further services other than the removal of the deceased. If you have used a funeral home before and wish to use them again, then go ahead Note: Upon death in a hospital, a private clinic, a hospice or a retirement home: The transfer of the body to a private funeral home or the residence is not mandatory and cannot be imposed of for the relatives/family. Placing the deceased in the coffin and formal closure of the coffin which will be witnessed and sealed by the Maire can always be carried out where the death occurred. Normally a small room at the hospital/clinic/hospice/retirement home is set aside for relatives and friends to visit for the closing and sealing of the coffin. DOCUMENTS FOR THE FUNERAL HOME In both cases the doctor will need to see the deceased’s carte de sejour or passport. You will also need to provide the following information and documents to the funeral home:

Medical certificate of death

Deceased’s carte de sejour or passport

Address details

Marriage certificate (if applicable)

The maiden name if the deceased is female


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The funeral home will also require suitable clothing for the deceased In the event of a violent death such as an accident or suicide, then the police (gendarmerie) must be notified and not the doctor and they will provide the medical certificate of death. Note: For residents living in France part time it would be advisable if a copy of your birth and marriage certificate were kept with your insurance documents, this would save time in obtaining copies from the Registrars Office in the UK. DECLARING & REGISTERING A DEATH Registration of a death takes place at the Town Hall (Mairie) where the death has occurred. An official declaration of the death must be registered WITHIN 24 HOURS.

In some villages the Maires office may only be open part time, however all Maires are contactable in an emergency. To contact them you need to know his/her name, personal address and telephone number or if you know the name you can look in the telephone book. Any person can declare the death including the funeral home and if the death occurred in a hospital they can also declare it.

YOU WILL NEED THE FOLLOWING IF YOU REGISTER THE DEATH YOURSELF:

Some form of ID to prove who you are – passport, Carte de Sejour, birth certificate

The medical certificate of death from the doctor (or the police).

Proof of identity of the deceased e.g. birth certificate, marriage certificate, passport or Carte de Sejour

It should be noted that the birth certificate and marriage certificate may require translation from English to French, preferably by a recognised translator. Registering a death involves making a statement of factual information including the deceased’s full name, address in France, date and place of birth, details of next of kin, date, time and place of death, your name and relationship to the deceased. This statement is recorded in the register which you then sign. A certified copy of the entry, the death certificate (acte de deces), is then issued. No fee is charged for this. You will need multiple copies of the death certificate as these will be required for all the paperwork following the death. Ask for several as it is easier to get them now.

Once the death is registered the Mairie will issue either:

The burial permit (permis d’inhumer)

Cremation certificate ( certificat d’incinération) Both of these documents will have the date and time of the death on it.


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CREMATION AND BURIAL YOUR RIGHTS IN FRANCE

You have the right to organise your own funeral and state your wishes. There is a legal obligation in France that your NOK follow your wishes and it is an offence not to respect them.

Although the authorities and Funeral Homes require no supporting document or attestation for your choice, you can if so desired prepare something written and passed to the NOK or your representative on your death, ensuring your wishes are carried out.

CREMATION

The law in France dictates that a maximum of 6 days is allowed before cremation takes place and the minimum of 24 hours. This is from the date of death (not including Sundays and Bank Holidays)

The Departmental Prefecture in the commune where the death occurred or where the cremation is to take place may grant a deferral time period in exceptional circumstances

Authorisation of a cremation is given by the Mairie in the commune where the death occurred.

Important to know that when booking a funeral service in the crematorium that the time given is normally not the start time but the committal time only. For example = time given 10am then the actual service would be at either 9.15am or 9.30am dependant on the crematorium

Pacemakers A doctor's certificate is required indicating there is a pacemaker to be removed. If the deceased has a pacemaker this has to be removed by an embalmer (thanatopracteur). The hospital or funeral home will help you with this. THE FOLLOWING DOCUMENTS AND PROCEDURES WOULD BE REQUIRED FOR THE CREMATION:

1. The medical certificate from the doctor who confirmed the death Le Certificat medical

de Deces 2. The death certificate – L’acte de déces 3. If you have a pacemaker this must be removed by either the doctor or the embalmer

before cremation. A written certificate from will be completed to confirm its removal 4. If you wish for the deceased to be transported to another commune for cremation, the

coffin must have a seal stamped and signed by the Mairie giving his/her authority.


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DISPOSAL OF ASHES

19th December 2008 – Law n°2008-1350 (LOI SUEUR) ARTICLE 16

Crematoriums should not keep the urns more than one year.

Most crematoriums have a garden of remembrance (jardin des souvenirs) for the cremated remains to be scattered

The urn can also be kept in worship centers

Ashes can also be interred in a grave, vault or crypt. Authorisation is required from the Mairie. They can be deposited in a columbarium, scattered in a reserved space (garden of souvenirs), buried within an urn on a plot, as a globality. Art.L.2223-40.

This means that the ashes cannot be divided, added to ashes of another deceased, nor kept by the family for the internment in a grave.

They can be dispersed in the countryside, except on public highways. In that case the person, who is in charge, makes a dispersion notification with the Mairie (town hall) of the birth of the deceased, and the Mairie will add the details to a special register to this effect.

Scattering is allowed in a stream, river, and the sea

The urn cannot be buried on private property but the ashes can be dispersed on your private property

The law says "it is forbidden to keep the urns at home, even if the possibility of burying them in a property is being considered." The keeping of ashes in an urn and dispersion in any other places is forbidden and is punishable by a €15000 fine.

PROCEDURE AND DOCUMENTATION REQUIRED FOR TAKING ASHES OUT OF THE COUNTRY The Funeral Director should write a letter to the Prefecture in the department where the cremation took place asking for the authorization of transportation of the ashes to be taken out of the country. This letter should include the following details and documents:

Name & Surname of the Deceased Person

Death Certificate (original and not a copy)

Certificate for the sealing of the urn - this is from the Maire where the cremation took place. The Maire arranges for the Municipale Police to be present for the sealing of the


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urn for transfer out of the department to enable the ashes to be transported between countries – this is called a Laissez-passer

Date and day of the cremation

Cremation certificate from the crematorium

Date and place of the burial in England (if required) SENDING ASHES BACK TO THE UNITED KINGDOM BY AIR

Arranged through the funeral director. This needs to be done when you are making the funeral arrangements.

A zinc lined urn will need to be purchased. TAKING ASHES BACK TO THE UNITED KINGDOM You can purchase an urn via your funeral director or a plastic screw top container from the crematorium. These can be carried through customs as HAND LUGGAGE ONLY. You will need the following:

The death certificate (original not a copy) Certificate of cremation from the crematorium Certificate for the sealing of the urn from the Mairie this will given to the funeral

director and then given to the person who will be taking the ashes back to the United Kingdom

Once all of the documents are in place contact the airline who you will be travelling with to advise them you are taking cremated remains out of the country. At arrival at the departing airport go to the information desk and show them the sealed urn and all of the above documentation. They should photocopy all of the documents and give you back the originals. BURIAL

Burial without a coffin is prohibited in France

Burial in France usually takes place from 24 hours with a maximum of 6 days, although the custom is normally 3 days (for a grave to be re-opened or dug)

The Prefecture of the department may issue a waiver if its not possible to meet the 6 day requirement

A burial can be made via a Funeral Home or privately by the immediate family of the deceased through the Maire


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Burial in a cemetery requires the “person responsi ble for the funeral” (personne qui a la qualité pour pourvoir aux funérailles) to ask permission from the mairie. This person is usually, in this order - the surviving spouse, or parents or children of the deceased, or the nearest relative, or the public (commune) or private body paying for the funeral. Enquiries must be made as soon as possible, especially if the deceased had not reserved a plot (concession) in order to reserve a time and date. The actual grave digging may be done by communal employees or delegated to the funeral directors. For the person to be buried, it is necessary to open a concession for the plot, which are for varying lengths of time - "temporary" (a maximum of 15 years), trentenaire (30 years), cinquantenaire (50 years) or sometimes perpétuelle. If the family does not have the means to pay, in some cases there are free or low cost concessions for about five years. Normally cemeteries require a semelle (flat paving) to be placed over the grave before the family can install a headstone or other monument. This is normally after 3 months after closure of the grave. DOCUMENTS REQUIRED:

1. Acte de Deces – this acts as a burial permit 2. Burial Permit - ‘Permis d’Inhumation’ – issued by the Mairie of the commune

where the burial will take place when death was registered

The Mairie will give the authority to close and seal the coffin before burial.

The Mairie will also give authorisation to transport the deceased if burial is elsewhere.

In the case of a violent death or suicide, and here is a police/judicial inquiry the responsibility for issuing the burial permit lies with the Public Prosecutor (Procureur de la Republique) at the local high court (Tribunal de Grande Instance).

BUYING A BURIAL PLOT

If the plot is not already owned then it is necessary to buy one. This can be done at the Mairie.

Proof of residence will be required and you will need to specify the size of the plot. The administration will then give you the deed of ownership.

Temporary plots of 15 years or less do not usually allow for decoration of the grave or the erecting of monuments.


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BURIAL ON PRIVATE LAND

You can be buried on your own private land. The Prefecture of the Dept. where the land is situated gives authorisation after death providing the following criteria and documentation is met.

1. Written request from the deceased in their will or attestation 2. A map of the location, showing where the deceased is to be buried and proximity of

neighbours 3. Death certificate (Acte de deces) 4. Doctors certificate of death (Certificat Medical de Deces) 5. Burial certificate from the commune of the place of death 6. A report from the geological hydrologist – approves the location he checks the

following: the distance between other dwellings, location of the fosse septique, the composition of the ground, underground water table.

REPATRIATION & THE WORK OF THE CORONER

Repatriation of the remains of a deceased person to any country can be a complicated and costly process. You may therefore wish to consider having the body cremated abroad and having the ashes returned to your chosen country.

In order to obtain the release of the body for repatriation a relative or an appointed representative must instruct a funeral director in France and the UK (or a country of their choice).

If the deceased was insured for repatriation it is important to contact the insurance company as they will make the necessary arrangements. Insurance companies normally have a standing agreement with a funeral director in the UK to arrange repatriations. If you are a second home owner and your main residence is in the UK and you have travel insurance, then this may also cover repatriation.

If there is no insurance cover then the next of kin will be responsible for the cost of the repatriation and will need to appoint a funeral director in France to make arrangements for the repatriation. The French funeral director will then liaise with the funeral director in the UK.

The next of kin should also be aware that any hospital bills must be paid before a body will be released for repatriation. PROCEDURES IN FRANCE French and UK funeral directors will normally work together and liaise with each other to ensure that all the necessary requirements are met in France and the UK. French procedures differ significantly to those in the UK, and whilst families may wish for arrangements to be made quickly, this is not always possible.


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The documents that are required for repatriation are:

The deceased’s passport

Deceased’s birth certificate and marriage certificate (translated)

Death certificate

Certificate of embalming

Laissez-passer (this allows the coffin to pass through communes and countries, this is provided by the funeral home)

Certificate from the hospital/mortuary indicating there were no notifiable diseases present when the deceased died

Relatives will need to decide whether they wish to return with the body and make appropriate travel arrangements for themselves. THE CORONER A funeral in the UK should not be arranged until the body has arrived in the country and been cleared by the coroner. Enquiries may be made into the circumstances surrounding the death. This is to determine whether the coroner should be involved. When a body is repatriated to England or Wales from France, the coroner will hold an inquest if the death that was violent, sudden, accidental, unexpected or the cause of death unknown.

As the cause of death is not given on the French registration certificate, the coroner may order a post mortem as part of the inquest (even if a post mortem has already been carried out in France).

The coroner in the UK does not have access to the French judicial file. However, the coroner may request a copy of the French police and post mortem results through the Consulate Directorate. However, these reports will only be provided once the judicial process has been completed and the death is no longer sub judice. This can take several months. If there is no requirement for a coroner to become involved and a cremation is to be carried out, a cremation order will need to be obtained from the Home Office. An application for the order is usually made by the funeral home in the UK . There is no equivalent order required for burials. Coroners in Northern Ireland are not obliged to hold an inquest into the cause of death, but next of kin can apply for a judicial review if an inquest has been decided against. Under the CREMATION (SCOTLAND) REGULATIONS 1935 AND 1952, a permit for cremation must be obtained from the Scottish Executive in Edinburgh. Coroners do not exist in Scotland and there are no special formalities for a burial there. You can approach the funeral home in France who is arranging the repatriation to ask for a hand written letter from the doctor who looked after the deceased prior to their death to write a statement indicating the circumstances prior to death. This must be on headed notepaper and


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stamped with the hospital and doctors details and then signed by the doctor. This can then be given to the funeral home as part of their documents required for the repatriation and the coroner can then decide if a post mortem is necessary. POST MORTEMS A post mortem is usually carried out at the Legal Medical Institute (Institut Medico legal). Only medical staff and the police and/or magistrate in charge of the investigation can attend. It is often the case that the institute will hold certain organs and samples in the event that further tests might be required at a future stage of the investigation. French judicial authorities do not require the authority of the family to retain body parts if they are deemed necessary for the investigation. However, should the magistrate in charge of the case decide that they are no longer required, it is possible for the family to make a request in writing for their release. BRITISH EMBASSY

While the Embassy may assist in obtaining documents such as death certificates, it cannot help pay for the cost of relatives to travel to where a death occurs. Neither can the Embassy pay the costs of repatriation of bodies back to the UK except in exceptional circumstances.

The cost of repatriation varies greatly so only a rough guide can be provided. A repatriation could amount to €5000 before the cost of a funeral in the UK. It is important for families to be aware and thoroughly consider the costs before making final decisions regarding repatriation. POLICE AND JUDICIAL ENQUIRIES

Inquiries are not held when the doctor who certifies a death is satisfied that no suspicious circumstances exist and the death was due to natural causes. However, an inquiry is held when the death occurs in a public place, eg in the street or at a hotel, or when foul play is suspected. In such cases the responsibility for issuing the burial permit lies with the Public Prosecutor (Procureur de la Republique) at the local high court (Tribunal de Grande Instance). The police or gendarmerie are involved at this stage and hold an initial inquiry. A medical expert commissioned by the court (medecin legiste) must inspect the body and decide whether or not to issue the medical certificate. If in doubt, he will not issue the certificate and will report the case to the procureur. In either case, the procureur can order a post mortem and further police inquiries. If a post mortem or further forensic tests are ordered by the procureur, this may delay the issue of the burial permit. If he suspects, or the post mortem indicates, foul play, ie murder, he will refer the case to an examining magistrate (Juge d’Instruction). The latter will conduct a full investigation and can summon witnesses, commission further investigations by the police (either judicial or criminal) / gendarmerie or forensic examinations, and send enquiries (by way of a commission rogatoire) to other, including foreign, authorities.


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The aim is to reach a conclusion about the cause and circumstances of the death, and if he concludes that there has been foul play he may charge one or more persons with criminal offences. This inquiry can take many months to complete.

RELEASE OF INFORMATION & LEGAL AID

Inquiries into deaths in France are not public. In order to have access to the investigation and obtain information from the magistrate’s file, interested parties must apply through a lawyer to the court to be made civil parties (partie civile) to the proceedings. The court will decide which applications for partie civile are valid. Even in the most routine cases, such as death from natural causes in ordinary circumstances, there is no routine way of obtaining official confirmation of the medical cause of death. The doctor who certifies the death will not usually provide a medical certificate which states anything other than that he has medically certified the death. (See note in Coroner’s section) LEGAL AID

British nationals who have court cases in France, and are unable to engage the services of a lawyer privately, are entitled to apply for legal aid (aide juridictionelle). Legal aid can be either full or partial, depending mainly on the applicant’s income and family circumstances. A person in France applies to the Procureur de la Republique at the Tribunal de Grande Instance in the district where he lives. A person in the United Kingdom may apply in the same way as if the legal action contemplated were in the UK. The European Agreement on the Transmission of Applications for Legal Aid, to which both the UK and France are parties, provides that each party shall have one or more transmitting authorities to forward applications for legal aid to the appropriate foreign authority. The transmitting authorities for the United Kingdom are the Legal Services Commission (England and Wales) the Scottish Legal Aid Central Committee (Scotland) and the Incorporated Law Society of Northern Ireland (N. Ireland) VICTIM SUPPORT “Institut National d’Aide aux Victimes et de Médiation” (INAVEM) in France is a similar organisation to Victim Support in the United Kingdom. They can advise and help victims and/or their close relatives and guide them through some aspects of the judicial process. They can also help with claims for compensation. They do not, however, take the place of a lawyer as they do not have access to the judicial file. There is a branch of INAVEM attached to each Tribunal de Grande Instance and address and telephone details can be obtained from the court. CHOOSING A FUNERAL DIRECTOR

The death of someone close is always a traumatic experience and further emotional distress can be added if you are not familiar with both the language and local procedures and administrations.


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To assist you in understanding the role of the French funeral director and French procedures here in France: Chambre mortuaire A chambre mortuaire is located within a hospital, clinic or hospice, typically for people who died in that establishment. Use of this is free for the first three days following admission and then there may be a fee for extra days. Chambre funéraire A chambre funéraire is a private or municipal facility that takes care of people’s bodies waiting for burial or cremation. Unlike a chambre mortuaire, these establishments may not accept the bodies of people who died of certain contagious diseases (as shown on the certificate médical).They are often managed by funeral directors.

Depending on the funeral home, they may use a registered trade name for this service such as Funérarium, Athanée or Maison Funéraire. Transport to and the use of chambres funéraires can be expensive and cannot be imposed on a family by institutions like retirement homes or clinics, though they may recommend it.

You have the option to have the coffin sealed at the place where the death took place and leave the body there for up to a maximum of six days, or you can ask for transport of the body back to the person’s home or another family home. If the body stays in a retirement home, this should not involve extra costs as it is treated as the home of the deceased. Transport costs back to another home are at the expense of the family.

The funeral home may suggest transfer of the body to a nearby chambre mortuaire, in which case transport should be free and the three free days rule applies. If the person’s body is taken to a chamber funéraire, the costs will be paid by the retirement home or clinic or directly by the family. In a situation where death has occurred on the road, where the body has been sent to a chambre funéraire without the family requesting it, they cannot be obliged to also use other funeral director’s services offered by a private chambre. The family member organising the funeral should be informed of this right and given a list of local firms.

Transfer of the body upon request from an institution Should a funeral home demand to transfer the body to a chambre funéraire because they say they do not have room etc. you are within your rights to ask them to cover the costs. You may be asked to contact a transport agency to have it move the person’s body to the chamber funéraire. This is not appropriate - such a transfer request should come from the institution, not you. If you agree to such a transfer, you will be asked to sign a demande d'admission à la chamber funéraire - you should write next to your signature- "transfer upon request from the director of the institution, at no cost to the family" (transfert effectué à la demande du directeur de l'établissement, sans frais pour la famille).


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Ask for a copy of this. Not doing this may result in your being obliged to pay for transport as well as various fees for the services of the chambre funéraire. If you do as suggested and the service providing the chamber funéraire is also your funeral director, no fees for transport to the chambre or for the period in the chambre mortuaire should appear on their bill. In the case of a person dying in a retirement home (the residence of the deceased) be aware also that you have the right to choose the funeral director of your choice and homes may have arrangements with certain firms to send people’s bodies to their chambre funéraire so they are likely to use their other funeral services. However, this may not be in your best interests and practices like these have been condemned by the Conseil de la Concurrence (Fair Competition Council) CHOOSING A FUNERAL HOME AND WHAT YOU WOULD EXPECT

There are many funeral homes in France to choose from, some are owned privately by families and some by large corporations. Since January 1998 any funeral home that has been certified by the prefecture must have their credentials and certification displayed for public viewing at town hall’s, mortuaries, funeral homes, crematoriums, and cemetery conservation rooms. Funeral homes in France have to abide by a code of practice which is the same as in the UK. Below are some useful tips to help you when choosing a funeral home: Before making arrangements with a particular funeral director, it is best to call several of them and ask about:

Fees and procedures.

Prices for the following:

1. an equipped oak coffin (cercueil en chêne equipé) - for burial in a cemetery (equipped means with inner lining, handles, plaque, screws etc.), or

2. a coffin equipped for cremation (cercuei équipé destiné à la crémation), or 3. an equipped and zinc coated coffin (cercueil zingué et équipé), for shipment abroad,

according to regulations. 4. The cost of a hearse (corbillard) and pallbearers, as well as the number of pallbearers

(porteurs de cercueil). 5. Transport or repatriation costs if appropriate.

Obtain an itemised cost of their services and the procedures required. An estimate should be given free of charge. Consider the cost of coffins, the hearse, pallbearers and bear in mind that you may incur additional expenses for example for newspaper notices, flowers, a religious service, preservation care, the urn and monument. If you want the deceased to be repatriated to the UK or another country it is important to obtain a full breakdown of costs and how they are calculated.


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Ensure you understand exactly what you have requested for the funeral, if in doubt ask, or ask someone who is fluent in French to help you. Ask for any terminology you are not familiar with to be explained to you. It is important not to leave anything to chance when mistakes could be extremely distressing. Once you accept the estimate you are then contracting the funeral home and you will sign documents stating you agree to pay the bill. A purchase order (bon de commande) is then drafted. Any change afterwards on the purchase order must be added to the estimate in your possession, or a new estimate must be made stipulating each and every service and material. It is important that all expenses are itemised so you do not take on more than you can afford. Embalming: Numerous terms may describe a process of preservation using formaldehyde - conservation, thanatopraxie, soins somatiques, présentation, art réstauratif, formolisation or IFT. Other methods of preservation include dry ice (glace carbonique) or a refrigerated bed (which may be used in retirement homes and can be used in your own private home if you so wish) or in a refrigerated facility in a mortuary. Preservation with formaldehyde is not obligatory (except for repatriation to other countries) Other useful information: Normally an employee of the funeral home will guide the family with regards to organisation and protocol. In France, the funeral home will usually register the death for you. This is different to the UK where you register the death and take the paperwork to the funeral home. Embalming is not mandatory and cannot be imposed on the family, however if repatriation is desired then embalming is obligatory. The deceased can be laid out in their home if you wish. VIEWING Viewing of the deceased is not obligatory, it is a personal choice. Cosmetic care is normally taken when a person will be viewed. Some funeral homes have ‘an open door’ policy to viewing of the deceased. The deceased will be laid out in a private viewing room and the family will be given a swipe card to enter the viewing room as often as they wish within office hours.

FUNERAL SERVICES IN A CREMATORIUM OR CHURCH

A funeral should help family and friends express and share their sadness. It may be the last opportunity to be together to focus their thoughts on the person who has died. The ceremony


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deserves to be remembered as an occasion that uniquely and affectionately honoured that person's life. It should capture his or her personality. Religious funerals – Catholic and Anglican

The religious funeral service can be very short and quiet with only a few members of the family present or an occasion with music, hymns and a packed church.

CREMATORIUM

The service time is normally 1 hour minimum. This is arrival at the crematorium to committal and departure. It is important to remember the committal time e.g. if the funeral is booked for 10am this will be the committal time the service will be from 9.15/9.30am and not the start of the service.

You can have a service just the same as you would in UK – music, eulogy, prayers etc.

Coffin will be taken in by the funeral director and his attendants before you enter the chapel, not carried in like the UK.

Coffin will be placed on the catafalque.

In a crematorium, at the committal the coffin is moved slowly out of sight downwards.

CHURCH

The service time is normally 1 hour followed by either burial or cremation. Permission must be sought from the Mairie in the village/town the church will be. The same applies for UK – hymns, eulogy, prayers etc.

The committal

The committal is a particularly solemn moment of the funeral service. It takes place either at the graveside or, in the case of a cremation, in the crematorium chapel or in church before the hearse leaves for the crematorium.

In the cemetery or churchyard, the family will gather round the open grave into which the coffin is lowered

HUMANIST/CELEBRATION OF LIFE FUNERAL SERVICE – IN A CREMATORIUM OR IN YOUR OWN HOME

While churchgoers and others committed to a religious faith usually want a minister to officiate, there are a growing number of people for whom religion is unimportant, or who have made a clear decision to live their lives without it. Humanists believe in reason and common humanity rather in religion. The focus of a humanist


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funeral is on the person who has died. The funeral is dignified and warm, honouring and celebrating the life of the deceased. At the funeral, the person taking the funeral will welcome the mourners and explain why a non-religious ceremony has been chosen. They may reflect on life and death through poetry or readings and personal tributes, music instead of hymns and prayers. All appropriate to the circumstances of the person who has died. It does not have to be a humanist officiant to take a non-religious funeral service. A member of the family/friend or funeral director can take the service.

COSTS & FINANCING OF FUNERALS An estimate of costs should always be obtained from the Funeral Director before any final decision is made as to how the family wishes to manage the death. The most economical would be cremation in France and the ashes scattered in the Garden of Remembrance. Average costs: Cremation of an adult, Approximately = 3000€ (minimum) Burials in France The Funeral home should be contacted regarding costs, as grave purchase and re-opening determined by cost. Advice should always be sought first. FINANCING FUNERALS If you do not have a policy to cover the deceased’s funeral expenses it will mean paying the costs with your resources. BANK

Through the deceased’s banker. The deceased’s assets may cover funeral expenses. With authorization from the family and with the agreement of the bank, an amount to a maximum of 3000 Euros may be withdrawn by the funeral home from the account of the deceased person. This amount will be deducted from the estate assets upon presentation of the invoice.

BY THE NOTARY:

A request of empowerment, countersigned by all the senior heirs can be made FUNERAL ALLOWANCE :

There exists a funeral allowance. It is accessible if the deceased has paid enough social security contributions within a qualifying period. It is not subject to Inheritance Tax. Claims should be made to the Social Security to which the deceased was affiliated within 1 month of the death and the following documents are required :


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A copy of the Acte de Décés (death certificate)

Evidence of the claimant’s relationship to the deceased

Any pay slips/company details. FUNERAL OF A PERSON WITH NO ASSETS: The mairie of the town or commune where the death occurred will be responsible for the financing of the funeral, taking into consideration, both of the deceased person's wish and the cost normally agreed and the governing laws. The mairie, calling upon a tribunal, may, if appropriate, recover the cost of the funeral from one of the children or from a spouse, on condition of his or her solvency. IF THE ASSETS OF A DECEASED PERSON IS INSUFFICIENT: The children and the spouse must finance the funeral of their relative, even if they renounce beneficiary status. These expenses constitute a maintenance debt the children must bear proportional to their resources if the assets of the deceased parent are insufficient. The funeral expenses constitute a succession debt only if they were “necessary.” If the funeral was of a “de-luxe” kind, the expenses are only incurred by the person who initiated them. FUNERAL PLANS AND INSURANCE ALL INCLUSIVE FUNERAL CONTRACTS/ PLANS (FORFAITS CONTRATS OBSEQUES) VIA A FUNERAL HOME Each funeral home will have affiliations with a company who will provide funeral plans. Through these plans it is stipulated that upon your death a lump sum will be paid to the funeral home. Alternatively an ‘Assurance de Vie’ (insurance of life) is a product which gives access to any capital at the time of death and is not touched by inheritance tax. As part of these plans your wishes on the type of funeral you want are written into a contract. A detailed cost estimate is then given based on the services you have requested. The premium paid is the amount of the estimate. You can either pay a lump sum or make monthly, quarterly or annual payments. These plans are designed for people aged 18 to 85 years in premiums that can be spread over a period of 1 – 15 years. However if you take out a funeral plan and you are older than 75 years at the time of taking out the plan, then you must make a single payment. No medical questionnaire or declaration of your health is required to purchase a funeral plan. You can cancel your contract at any time if you so wish. During the 30 days following the signing of the contract this can be done by sending a letter and any payments already made will be reimbursed. Beyond 30 days the surrender value is then calculated based on the life of the contract and the number of payments made. Funeral plans are also operational for all deaths occurring abroad; however the stay abroad should not EXCEED 3 MONTHS – the policy will usually cover repatriation in this case.


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It should be noted that these plans do not include the cost of cremation or burial which will have to be paid in addition. INSURANCE POLICIES – OBTAINED VIA YOUR INSURANCE PROVIDER Insurance policies to cover your funeral expenses are normally offered by insurance companies that also provide your house, car or life insurance. Anyone between the ages of 18-84 years can usually take out insurance cover for funeral expenses without a medical questionnaire. If you are self-employed living in France, paying your Maladie health insurance payments to a company e.g. Mutelle Grand Sud, you can pay an additional sum for funeral insurance to be added. If you are not self employed you can take out insurance cover for funeral expenses also through your provider. An amount is decided upon, depending on what you believe would cover your funeral expenses. This would vary according to your wishes – cremation/burial/repatriation. The policy can then be made out to a beneficiary who will be paying for the funeral costs. Monthly payments vary depending on your age at commencement, but can be as little as €20 per month at the age of 65 years. DONATING YOUR BODY TO MEDICAL SCIENCE You can donate your whole body to teaching hospitals and medical research in France in the same way as you can in the UK. Each adult has the right to do this without opposition from family. You can choose which establishment you wish your body to be bequeathed to from a list of faculties of medicine all over France. You must write a letter entirely in your own handwriting, dated and signed, stating your wish to donate your body. You will then receive a form to complete and return. You will usually be given a small fee to cover transport and cremation costs and you should establish what this fee will be and when and to whom it will be paid with the individual institution. Further details including a model of the handwritten letter and a list of hospitals and establishments in France who accept body donations can be found on the following website www.aphp.fr/site/actualite/mag_donducorps.htm and then opening the brochure 'télécharger le brochure de l’AP/HP'. Please note this website and brochure is available in French only. Various criteria will need to be met, for example certain medical diseases, suicide or if the body is subject to an autopsy, will prevent donation to medical science. You will then receive a donor card for medical science (carte de donateur) to sign and keep with you at all times. You can revoke your decision at any time, destroying the card and informing the hospital. There is no upper age limit for body donation; however a person has to be at least 17 years old. Following donation your body will be taken to an establishment where it will be embalmed and saved until anatomical research or teaching will be carried out. After the research your body will be cremated and your ashes scattered in the Jardin de Souvenirs.

http://www.aphp.fr/site/actualite/mag_donducorps.htm


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Family can obtain your ashes on condition that the donor has not forbidden this in writing. If this is the case, it will be indicated on the back of the donor card. ORGAN or TISSUE DONATION IN FRANCE France has created an opt out register for organ donation listing the names of people who have chosen not to donate organs or tissue after their death. Anyone not on the register will be presumed to have consented to organ donation, although the family will still be able to object. Anyone over the age of 13 years old who is willing to donate organs after death is asked to inform relatives and to carry a donor card. The new law states that if a person does not have such a card, the principle of ‘presumed consent’ will hold, although this has to be confirmed by relatives. To opt out of organ donation in France, you can pick up a form from any chemist, complete it and send it with a copy of your identity document and a stamped addressed envelope to the Registre National des Refus (see contacts). Alternatively you can let your family or representative know of your wishes and put them in writing or add a clause to your will LIVING WILLS (directives anticipées) Decree no 2006-119 of 6 February 2006 regarding living wills as set by the Act no 2005-370 of 22 April 2005 relating to the rights of terminally ill patients and the end of life and amending the public health code (statutory provisions). [le code de la santé publique -dispositions réglamentaires]) The Act of 22 April 2005, the Leonetti Act (loi Leonetti) introduced the living will into French law. It refers to instructions given in advance by a conscious person, on the action to be taken if he or she becomes unable to express personal wishes. These instructions allow the person to keep control of the end of his or her life. The living will is taken into consideration for any decision relating to a patient no longer able to express his/her wishes and for whom it is envisaged either to stop or to limit all unnecessary treatment, or to keep the patient alive artificially. The living will is valid for a period of three years. It will be taken into account by a doctor if it was drawn up less than three years before the state of unconsciousness of the individual concerned or the date when that person became unable to express his/her wishes. The living will must be renewed every three years (and signed in confirmation by its writer). The instructions contained in a living will can be cancelled or amended at any time. Each amendment starts a new three year period of validity. To be valid the living will must be written according to the following rules: (a) If the person is able to write the living will him/herself:

It must be written, dated and signed by the writer


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The writer must be identified by stating his/her first names, surname, date and place of birth

The writer can ask the doctor to whom the living will is entrusted to certify in writing that he/she is able to express his/her wishes at the time of writing the will.

(b) If the person (the patient) is not able to write his/her living will:

A person of trust or another person can write it on his/her behalf

Two witnesses (the person of trust if the author of the will so desires or other people freely chosen) must certify that the living will expresses the wishes of the patient

The two witnesses must each state their name and capacity

This statement must be attached to the living will

The writer of the living will must be identified by his first name, surname, date and place of birth

The living will must be easily accessible to the doctor in charge. Copies of the living will can be kept in different places:

With the writer

In the medical file of the doctor (GP or another doctor)

In the medical file at the hospital

With the person of trust

With a member of the family

With a close friend of the patient

If the living will is not kept in a medical file, it is obligatory to indicate its existence in this file with details of who is in possession of it and where they can be contacted. When a person is hospitalized, he or she can inform the hospital that a living will has been written and ask that details of the location of the will are entered in the medical file. When a doctor contemplates limiting or stopping treatment, he must establish whether the patient has written a living will by checking the following:- the medical file in his possession; the department in charge of hospital admissions; the patient’s chosen confidant; the patient’s family and friends; the GP or the doctor who referred the patient to the hospital. The doctor must also establish that the living will was drawn up according to the law. If you have questions about living wills, you can contact the national call line “supporting the end of life: Information and discussion”: 0811 020 300. (Cost of a local call). The phone line is open Monday to Friday from 2.00 to 6.00 pm to answer questions from patients, their families and health professionals, regarding all matters to do with palliative care, the end of life and bereavement.


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GREEN FUNERALS A Green Funeral in France is not an option under current French Law. It is difficult to say if this will change in the future.

The law states that a grave must have a concrete slab placed on it... this stops the planting of a tree that most Green funerals prefer.

The one item that is now Green is the coffin, there are several coffin manufacturers in France who make Green coffins that comply with the strict French regulations. These can be used for Burial or Cremations. See useful contacts for websites.

Note:

If the wish of the deceased is repatriation of their body back to United Kingdom and the family are planning on a natural burial and they have possibly purchased a plot already – then the body will be embalmed as a necessity for repatriation. This may well mean that a green burial site in the UK refuses them as the embalming process requires the use of toxic fluid.

In this case it is maybe better to cremate the body in France and take the cremated remains back to UK. Green burial sites in the UK have provision for the purchase of a bio-degradable urn for the burial of cremated remains.

It may not be possible to purchase a bio-degradable coffin in France for repatriation purposes, therefore the purchase of a bio-degradable coffin in UK will be required for the burial PLUS the purchase of a coffin for the repatriation. This should be taken into consideration when repatriation is being considered as to the extra cost involved.

USEFUL CONTACTS British Embassy in France There are British Consulates in Paris, Bordeaux, Lille, Lyon and Marseille. Contact details for all of the Consulates can be found on their website http://ukinfrance.fco.gov.uk/en/ Funeral Services in France (can help you with advice and practical help if you are an expatriate living in France) Angela Clohessy Dip. FD MBIFD Grande Rue 82190 Bourg de Visa France Tel : +44 (0) 5 63 39 55 97 www.funeralservicesinfrance.com Email: [email protected] or [email protected]

http://ukinfrance.fco.gov.uk/en/

http://www.funeralservicesinfrance.com/




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Registre National des Refus (organ donor register which can be contacted if you wish to opt out) Agence de la Biomédecine TSA 90001 93572 St. Denis-La-Plain Bio-degradable coffin sites www.ceraiels-en-carton.com www.cercuil-en-carton.com Foreign & Commonwealth Office, Consular Directorate King Charles St, City of Westminster, London SW1A 2AH +44(0) 20 7008 1500 www.gov.uk British Embassy Paris Consular Section, 16 rue d’Anjou, 75008, Paris +33 (0)1 44 51 31 00 www.gov.uk/government/world/france British Consulate Bordeaux 353 Boulevard du Président Wilson, 33073 Bordeaux Cedex +33 (0)5 57 22 21 10 www.gov.uk/government/world/france British Consulate-General Marseille 24 avenue du Prado, 13006 Marseille +33 (0)4 91 15 72 10 www.gov.uk/government/world/france Incorporated Law Society of Northern Ireland Bedford House, 16-22 Bedford Street, Belfast BT2 7FL +44 (0)1232 246441 www.lawsoc-ni.org Scottish Executive, Public Health Policy St Andrew’s House, Regent Road, Edinburgh EH11 3XD +44 (0)131 244 2501 www.sehd.scot.nhs.uk Legal Services Commission 85 Gray’s Inn Road, London WC1X 8TX +44 (0)20 7759 0000131 www.justice.gov.uk/legal-aid Scottish Legal Aid Central Committee 44 Drumsheigh Gardens, Edinburgh EH3 7SW +44 (0)131 226 7061 www.slab.org.uk Victim Support Cranmer House, 39 Brixton Road, London SW9 6DZ44 +44 (0)845 3030 900 www.victimsupport.org Institut National d’Aide aux Victimes et de Médiation 14 rue Ferrus, 75014 Paris +33 (0)1 45 88 19 00 www.inavem.org GLOSSARY OF USEFUL TERMS Le certificat de décès = death certificate Le bureau d'état-civil = register office Le/la défunt/e = deceased person Une autopsie = autopsy Le médecin légiste = pathologist Une enquête = inquest Le/la dirigeant/e de pompes-funèbres = undertaker/ funeral director

http://www.ceraiels-en-carton.com/

http://www.cercuil-en-carton.com/

http://www.gov.uk/

http://www.lawsoc-ni.org/

http://www.sehd.scot.nhs.uk/

http://www.justice.gov.uk/legal-aid

http://www.slab.org.uk/

http://www.victimsupport.org/

http://www.inavem.org/


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La chambre mortuaire = mortuary in a hospital, hospice or clinic where people's bodies are preserved in refrigerated cases Le reposoir = Room in a retirement home where a person's body may be kept, before or after being placed in the coffin. Not refrigerated, therefore some preservation technique may be applied. La chambre funéraire = private or municipal mortuary where body may be kept before burial or cremation, often run by funeral directors. Le cercueil = coffin Le corbillard = hearse Le porteur = pallbearer La thanatopraxie = embalming Le rapatriement = repatriation (Entreprise de) pompes funèbres = funeral directors (company) Le maître de cérémonie/ ordonnateur or monteur de convoi = all indicate a person from the funeral director’s firm who looks after the family during the funeral (may be one of the porteurs). Une inhumation = burial - en pleine terre = in the ground - en caveau = vault Une concession funéraire = cemetery plot - concession de famille = family only - concession collective = family and others - concession individuelle = one person only - temporaire = temporary - trentenaire = 30 years - cinquantenaire = 50 years - perpétuelle = plot held in perpetuity Le caveau = vault La tombe = grave La mise en bière/mettre en bière = placing in the coffin La veillée mortuaire = wake Les cendres = ashes Une urne funéraire/cinéraire = funeral urn Un columbarium - facility for storing cinerary urns (columbarium) Obsèques = the funeral (the term les funerailles also exists but is less used and implies a grand ceremony) - civiles = civil - religieuses = religious Le deuil/ être en deuil = bereavement / to be


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bereaved or in mourning Un enterrement/aller à l'enterrement de… = burial/going to someone's burial/funeral Les condoléances/présenter/offrir/faire ses condoléances = to offer somebody one's sympathy Une lettre de condoléances = letter of sympathy. Example: Monsieur et Madame X vous prient de recevoir leurs très sincères condoléances et l'expression de leur profonde sympathie. La marbrerie Funéraire = monumental masonry - en marbre = made of marble - en granit = made of granite - en pièrre = made of stone La stèle = headstone La plaque = plaque Gravé(e) = engraved

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