Posted: Fri Aug 30, 2019 9:55pm
Hello Ray how are
you.
Of course Spanish
authorities will try all tactics to get relatives to pay the funeral costs in
order they don’t have to bear the costs, but I asked what is the legal
position, which everyone seems to be ignoring and funeral plan companies are
manipulating to pressure sell. All I want is the truth about the legal position and not inaccurate moral opinions, are funeral plan sellers lying?.
The revised question
was:-
Do relatives living in the UK or Spain have a legal
liability that can be legally enforced to pay for funeral costs should they
have a relative that dies in Spain. That is assuming the relative has the means
to pay, but may not want to pay.
Is
it a simple fact your skint brother has died and you are paying for the funeral
like it or not, and if you don’t pay we will get a court order and send in the
bailiffs to take assets equal to the debt of the funeral costs.
Need to be met by
the family is not legally responsible and forced to pay if they do not wish to
pay.
''Funeral arrangements When someone dies in Spain and the next
of kin is in the UK or abroad, Spanish authorities normally notify the British
Consulate in the area where the person has died. The British Consulate will do
whatever they can to trace the next of kin as soon as possible and would ask
the UK police to pass on the sad news. However you might also be notified about
the death directly by someone else, for example a local friend of the deceased,
a doctor, a social worker or a Spanish police officer. In general, Spanish
funeral companies are modern and well-equipped companies and are used to
working with foreigners. Some have English-speaking staff, but you should check
with the funeral company, especially in rural areas. According to Spanish
national law, the deceased must either be (1) preserved (maintained at low
temperature) or (2) embalmed by a funeral director within 48 hours of the
death. In the case of foreign nationals, funeral directors usually choose to
embalm the deceased (as opposed to preservation) as this is a national legal
requirement for transferring deceased persons out of Spanish territory. The
deceased's next of kin, or a formally appointed representative, must decide
whether to repatriate the deceased to the UK or carry out a local burial or
cremation. If there is no insurance cover, the cost of repatriation or burial
will need to be met by the family. Neither the Foreign and Commonwealth Office
nor the British Consulates in Spain have budgets to meet these costs. If you,
as next of kin, are in the UK, you will be able to liaise directly with the
local British Consulate dealing with the case, telling them how you wish to
proceed with the cremation or burial, where you wish this to take place and
details of who is taking responsibility for the costs involved. Please note
that the European Health Insurance Card (EHIC) does not cover funeral
arrangements.''