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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
next of kin 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 next of kin 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
Lacte de dιces
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.
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 centres
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 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 dept.
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
DOCUMENTS REQUIRED:
1. Acte de Deces this acts as
a burial permit
2. Burial Permit - Permis
dInhumation 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 or if in larger cities
the Cemeteries Office.
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.
HEADSTONES
After 3 months after closure
of the grave the family must
arrange for the grave to be
covered with a concrete slab.
After that, a decorative tomb
stone can be erected
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.
► Written request from the
deceased in their will or
attestation
► A map of the location, showing
where the deceased is to be
buried and proximity of
neighbours
► Death certificate (Acte de
deces)
► Doctors certificate of death (Certificat
Medical de Deces)
► Burial certificate from the
commune of the place of death
► 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.
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