Guidance on dealing with the Death of a Relative Abroad

The unexpected loss of a relative is always a harrowing experience but should a relative pass away whilst they are overseas it is even more upsetting, especially if it is compounded by being considered a suspicious death, which brings with it the issues of dealing with foreign authorities, a police investigation and the Coroner.  All countries across the world have their own procedures should a foreign national pass away whilst visiting or living abroad. For the next of kin, the question of repatriation and the potential of having more than one post mortem together with an inquest can be daunting.  

Vincenzo Senatore, senior partner, has considerable experience with this eventuality, having dealt with a number of instances of suspicious deaths in Italy, doggedly unravelling the circumstances and assisting the bereaved relatives to have clarity on how the events unfolded which lead to the death and also enabling the pursuit of the party responsible.

Vincenzo Senatore comments “At such a difficult time as the loss of a relative abroad, most people are left reeling in shock and it is important to have expert legal guidance to help you to navigate the process, especially if there is the suggestion of foul play.” Vincenzo further mentioned “frequently the next of kin do not speak the language of the country in which their relative passed away and they struggle to understand all the circumstances surrounding the death, we always aim to obtain clarity and justice for those involved and are fully equipped for all the challenges such a situation brings to the next of kin”

The procedures and processes involved in a death abroad can take a considerable length of time, depending on the circumstances. This guide provides all the information you require to manage a relative’s death abroad.

Steps to Take to Manage a Suspicious Death in Italy

• The authorities will inform the British Consulate in the area where the death occurred
• The British Consulate will endeavour to trace the next-of-kin, usually asking for the cooperation of the British police.  As there is no legal definition of next-of-kin in the UK this can sometimes cause problems if there is a disagreement within the family.
• If you do not speak Italian British Consulate can provide you with a list of certified translators
• The Foreign, Commonwealth and Development Office (“FOCD”) will attempt to obtain the maximum information available about the circumstances of the death but this may only be made available to the next of kin
•  It is strongly recommended that an English speaking Italian lawyer is appointed who will be able to protect your interests and explain the steps that must be taken and the reasons for them and prevent the potential for corruption of evidence.
• The British Consular officers may be able to obtain the information about the death themselves.  However, if this is not possible they will be able to provide contact details to put you directly in touch with the Italian authorities
• The Italian authorities will not divulge information about the death until either a post-mortem and/or the police reports following a preliminary investigation have been concluded, when it has been established as to whether foul play was involved
• The next of kin will need to register the death in the country in which the death occurred at the nearest Town Hall (“Comune”) in the area where the death happened.  You will require supporting documentation to identify both you and the deceased and your relationship to the deceased.
• A death certificate is not issued automatically, your lawyer will be able to assist you with the request.  Italy can supply a multi-lingual death certificate that can be presented in the UK
• If you consider the death is suspicious but the authorities have not suggested this, your lawyer will help you with how to make a request for an investigation through the Consulate.
• A post-mortem is not usually performed if the death was by natural causes.  If there are suspicions about the death and a post-mortem is conducted this may include the removal of some tissue and organs.  The next of kin may request the return of the entire remains
• If you are planning repatriation the Italian Coroner will hold an inquest.  The question of a post mortem is an issue for the Coroner alone, whilst the next of kin’s opinion is considered, the Coroner’s decision is final.   
• A decision must be taken as to whether the deceased in laid to rest in Italy or repatriated to England and Wales
• Repatriation is at the expense of the family.  Often the deceased’s insurance policy may have a clause related to death abroad with financial provision for repatriation.
• A  transfer of remains certificate (Nulla Osta) must be obtained and a copy emailed to the British Embassy in Rome.
• The British Coroner may decide that a second post mortem is necessary
• If the Italian police believe the death was suspicious the police will mount an investigation, your lawyer will be in the position to monitor the investigation and advise you on the actions you should take.
• Should it be established that your deceased relative was the victim of third party violence, Italy has a State compensation system, which can be accessed once all other paths to compensation have been exhausted and compensation through a civil case has been investigated.   Your lawyer will be able to advise and assist you.

Giambrone & Partners fully understand the difficulties that relatives face in these circumstances and will be able to protect you and guide you through the process.  Our lawyers are highly skilled and tenacious and have considerable experience in representing families whose loved ones have died abroad in suspicious circumstances. 

Vincenzo Senatore is the senior partner based alternately in both the London and Naples office. He is dually qualified Italian Avvocato (with Higher Rights of Audience) and admitted as Solicitor in the Republic of Ireland, np. and also qualified to plead before the International Criminal Court in The Hague.. 

Vincenzo has several years of post-qualification experience in Civil and Common law. Vincenzo has broad experience of UK and international cross-border transactions across a variety of industry sectors as well as international corporate and criminal law. Vincenzo is a formidable litigator with a demonstrable history of bringing successful transactions to successful conclusions, providing legal support to partners and delivering strategic advice to diverse clientele. 

He attended Paris-Lodron Universität of Salzburg (A) and graduated from the University of Naples “Federico II” (IT).  Also gaining his Master of Laws (LLM) in International Business Transactions and Trade Law at the Catholic University of America, Columbus School of Law, Washington DC.

During his fellowship at the prestigious Stanford Centre for Biomedical and Ethics (Stanford University), specialised in intellectual property related to human embryonic stem cells. His research was published in the prestigious peer-reviewed scientific journal Nature Biotech. During that time, he passed the first test (MPRE) to become a California attorney and also became Notary Public for the State of California.

Vincenzo’s professional activities also encompassed being on the scientific organiser committee for the Association Internationale des Jeunes Avocats for conferences on Anglo-American Law and as speaker in webinars, lectures and conferences organised by the British Chamber of Commerce (IT), CUA, Columbus School of Law, Washington DC (USA), Lockey Stem Cells Building Research, Stanford University (USA), SKKU School of Business (Republic of Korea), and the Naples Bar Associations, as expert in Civil and Common law arena.

Vincenzo has recently been appointed to the CUA, Columbus School of Law’s Alumni Council, Washington, DC. The prestigious Alumni Council forms the governing body of Catholic Law Alumni Association, formed in 2013 to endorse and advance the values, objectives, and well-being of The Catholic University of America and Columbus School of Law. He is also member of the International Criminal Court Bar Association, the Law Society of England and Wales, the Naples Bar Association, and of the International Academy of Financial Consumers (Korea) where he is also editorial member.

Vincenzo Senatore is to date the only Italian lawyer registered in the List of Professionals of the Italian Embassy in Tokyo and the Italian General Consulate in Osaka. Vincenzo heads the Giambrone's Japanese Desk in Italy and the Firm's offices both in Tokyo and Osaka, through the Strategic Alliances with Kikkawa Law Offices and Meilin International Law Firm.

Vincenzo regularly represents large and medium size Italian and Japanese enterprises in operations in both countries as well as private clients and entrepreneurs doing business with Japanese companies. His expertise includes a range of cross-border transactions, including M&A, joint ventures, opening branches and subsidiaries, and setting up companies in foreign countries, assisting clients to meet their outcomes.

Vincenzo advises clients in a broad range of matters including national and international businesses, focussing on complex cross-border issues, assisting in contentious commercial issues involving share price disputes, breaches of contract and merger and acquisition disputes. 

Vincenzo is well-regarded for his astute analysis of complex situations and his agile ability to navigate the intricacies involved in cross-border disputes. He recognises that alternative dispute resolution (conciliation, mediation and arbitration) are often more suited to the best interests of the client. Where litigation is undertaken, Vincenzo is focused and rigorous in his pursuit of a successful outcome for our clients.

Vincenzo has extensive experience in cross-border criminal cases from matters involving breaches of the peace to assisting and advising on suspicious deaths abroad. 

Should you want to know more about dealing with a death abroad please click here