INFORMATION
Issues that may arise immediately after a death
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 following an illness, contact the doctor who attended to the deceased in order to get a Medical certificate of the cause of death. If the death is sudden or unexpected, the Medical Certificate is issued by the Coroner.
You may arrange to have the body laid out at home or brought to a funeral home. You may also need 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 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 (European Union) 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 one, 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, Deaths and Marriages office. There are Registrars of Deaths in every county. For details of your nearest Registrar, you can contact the General Register Office, telephone: (090) 663 2900, or visit the website, groireland.ie.
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 informant 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 252 076
Web: groireland.ie
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
- Sex, marital status, occupation and date of birth or age of the deceased
- Date and place of death
- If the deceased was a child, the occupation of the parent(s) or guardian(s)
- Medical Certificate of the cause of death
Stillbirths
If you are the parent of a stillborn child, you may register the stillbirth yourself or may ask a relative to register it on your behalf. If a stillbirth is not registered within 12 months, the hospital, midwife or medical practitioner who attended the birth may be asked to register it. A stillbirth that happened before 1st January 1995 may be registered by a parent at any time. Evidence of the birth is needed, such as a statement from the hospital or the attending doctor.
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 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.
Suicide
Suicide bereavement can be particularly difficult and there are a number of organisations that can offer support.
There is a sequence of events that takes place in cases of sudden and unexpected death such as suicide. A post mortem is carried out and the Coroner tries to establish the cause of death in an inquest. The Gardaí may be involved if there is doubt about the cause of death but suicide is not a crime so there is no criminal investigation.
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. The Director of Public Prosecutions (DPP) decides whether or not to prosecute and, if so, what the charge is to be. The DPP is not obliged to give reasons for a decision but it is now the practice to explain such decisions to family members unless doing so would create an injustice. Family members may write to the DPP to request the reason for a decision not to prosecute.
Office of the Director of Public Prosecutions
14–16 Merrion Street
Dublin 2
Tel: (01) 678 9222
Web: 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. As a member of the family of a person who died as a result of a crime, you have no specific role in the trial itself unless, of course, you were a witness to the crime. However, at the sentencing stage, the court is obliged to take account of the impact of the crime on family members – this is usually done by means of a written medical report. Family
members are also entitled to give evidence of the impact on them – this is usually called 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: advic.ie
Crime Victims Helpline provides information and support to victims of
crime and those affected by crime.
Freephone: 116 006
Text: (085) 133 7711
Web: 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 and funeral undertakers, as well as people in charge of a 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. There is a fee for the report.
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.
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 Health Service Executive (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 and 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 must be 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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