FORMALITIES

• If death occurs at home, death is pronounced and an attestation of death is issued by a physician.
• If death occurs in hospital or in a retirement or nursing home, the attestation of death will be passed on to the institution’s registration service.
• If death occurs on a public road or in a public area, or in conditions requiring emergency services the attestation of death is issued by the doctor in charge.

Accidental deaths and suicides, deaths where the cause is unknown, violent, suspicious deaths and deaths caused by an act of crime are subject to an investigation by a Coroner’s Officer.

• Possible transfer of the body to a forensic institute for an autopsy subject to Coroner’s decision
• Issuance of the death certificate by a physician appointed by the Coroner
• Issuance of an authorisation for burial by the Coroner (deputy public prosecutor).

The certificate confirms that the death is free from any forensic complications and that the deceased is not affected by any WHO-listed contagious diseases.

In case of cremation the doctor must specify that the deceased is not carrying a battery-powered device (pacemaker, heart pump, etc.). It should be stressed that it is illegal to dispose of, keep or scatter the ashes in places not officially sanctioned or recognised for that purpose.

• Transport of the body of the deceased to another commune,
• Transport abroad of the body after it has been placed in a coffin,
• embalming,
• cremation.

• the attestation of death as issued by the doctor who pronounced the death; the medical certificate as stipulated in Article 8 Paragraph 1 of the Grand-Ducal decree dated 14th February 1913.
• The family record book of the deceased, or, failing that, another document establishing the identity of the deceased (copy of the birth certificate etc.), their parentage, marital status at time of death, address and profession (for minors: parents’ profession)
• For foreign residents: residence card, identity card etc.,
• In case of cremation registration also requires the ‘no cardiac device’-certificate and an authorisation for cremation request signed by the spouse of the deceased or, if the deceased was not married, by their next of kin.

• Six copies of the death certificate for upcoming administrative arrangements,
• An authorisation for burial request (for interment),
• If required: an authorisation for transport, an authorisation for cremation and a funeral report form ‘bulletin d’enterrement’ (funeral certificate)

It is highly recommended to also declare the death at the consulate representing the country of origin of the deceased. If that is not possible, the death can be recorded in the consular civil status register. In both cases (declaration or registration), the death will be registered in the birth records of the country of origin of the deceased.

If no family member is present in the country where the death has occurred the consulate will contact the family of the deceased to check if their insurance policy covers the return of the body of the deceased from abroad and to enquire if the family prefers repatriation of the body or repatriation of the cremated remains. The consulate then initiates the repatriation procedure.

The fees incurred for the return of the body or ashes, or for interment abroad are borne by the family.

Luxembourg Archdiocese
Rectory or local priest (place of residence of the deceased)
Mosque
Synagogue
Protestant Temple
Orthodox Church

• The death certificate
• A certificate of inheritance (certificat de notoriété)
• Means of payment: debit and credit cards belonging to the deceased,
• If available the original copy of the life insurance policy contract

Once a bank has been informed that one of its clients has passed away it is required to take a number of measures. It generally freezes the relevant bank account(s) (except joint accounts) and, if necessary, bans access to the safe of the deceased until the certificate of devolution of the estate (‘acte de dévolution successorale’), i.e. the document indicating how the estate of the deceased is to be distributed, can be presented (deed of succession).

The funeral can however be paid for using money held in the account of the deceased. (Not all banks allow that.) Any unpaid bills remain valid and any proxy agreements expire in the event of a death.

• Death of an employee: the employer is required to pay an allowance to a certain category of inheritors

• The surviving spouse not living separate and apart from the deceased based on the provisions of a final and conclusive judgment, otherwise;
• Minor children and children of age of the deceased employee whose support and maintenance they were responsible for, otherwise;
• Relatives in the ascending line the deceased employee was living with, provided the deceased was responsible for the maintenance of said relatives.

The beneficiaries are entitled to an allowance the equivalent of the salary for the month in which the death occurred and three monthly salaries of the deceased. If the deceased employee enjoyed free official lodgings the employer is obliged to put said lodgings at the following expired the death of the employee has expired (Labour Code Article L.125-1-).

Labour courts are not competent for appeals lodged by inheritors. Competence lies with the ordinary courts.

• Any outstanding payments,
• Paid leave,
• Salary reports,
• Certificate of attendance.

The competent authorities will use these documents to calculate any allowances and as a basis for transfer of death benefits.

The following are entitled to a survivor’s pension: the surviving spouse or a divorced spouse who has not remarried, orphans and, in the absence of a surviving spouse, lineal relatives by blood or marriage, collateral relatives up to the second degree and in certain cases children adopted as minors, private workers, trainees and employees hired to work in Luxembourg for somebody else in exchange for payment.

The deceased policyholder must have been insured for a minimum of 12 months in the three years prior to his or her death if death occurs during the coverage period following an occupational disease or an accident of any other kind.

The surviving spouse must have been married to the deceased for at least one year prior to the death of the insurance holder or prior to their retirement on the grounds of old age or invalidity. The marriage must not have been concluded with an old age or invalidity pension recipient.

• Death is caused by an accident occurring after the marriage,
• A child was born from that marriage,
• The marriage lasted for more than a year and the age gap between spouses is less than fifteen years,
• The marriage lasted for at least ten years

• 100% of the lump-sum and special lump-sum payments the insurance holder is or would have been entitled to,
• 75% of the proportional increment and special proportional increment the insurance holder is or would have been entitled to.

In case the surviving spouse remarries the pension benefits are bought back in the following manner: sixty monthly payments if the surviving spouse remarries before the age of fifty and thirty-six monthly payments if the surviving spouse remarries after the age of fifty. The proportional increment is not bought back.

• one third of the special lump-sum payments the insurance holder is or would have been entitled to,
• 25% of the special proportional increment the insurance holder is or would have been entitled to

The pension is doubled for orphans who have lost both parents.

Pension benefits for orphans are paid until the age of 18 or until the age of 27 if the recipient is studying. The orphan’s pension is paid indefinitely if the orphan is unable to make a living for reasons of mental or physical disability. The orphan’s pension benefits stop when the orphan marries, unless they keep studying.

The total of pension benefits paid cannot exceed the amount the deceased would have been entitled to or was receiving when death occurred.

As regards health insurance and funeral funds the following applies:

In order to receive death benefits you are required to arrange for the funeral directors invoice to be settled by the bank or employer and to subsequently submit the original receipt to the health insurance fund of the deceased. The funeral directors invoice may be settled using funds from the current account of the deceased if sufficient funds are available on the legal basis that expenditure relates to the deceased themselves.

The amounts paid as ‘death benefits’ are indexed to the cost of living and were set at 130€ index 100. On 1^st July 2010 the index was set at 719,84 points and payments therefore amount to 935,80€.

The amounts paid as ‘death benefits’ to newborn babies were set at 26,00€ index 100. The payments made depend on the fund and the contribution period.

If the deceased is a worker or a family member of a worker a lump-sum funeral allowance is paid to the person bearing the funeral costs upon submission of a receipted invoice and the death certificate. The funeral allowance is halved for children under the age of six and reduced by four fifths for stillbirths.

In order to receive pension benefits it is necessary to file an application with the Luxembourg body for insurance and pension services or with the body for insurance and pension services in the beneficiary’s country of residence. The mandatory supporting documents are listed on the application form.

• National Health Fund (‘Caisse Nationale de Santé’ (CNS))
• Insurance companies

The deceased may have taken out a life insurance policy or a death/funeral plan before his or her death with benefits for heirs.

Complementary mutual funds may also pay a number of benefits.

If the deceased was renting his or her home the rental agreement must be terminated and depending on the terms of use of the property three months notice must be given.

If the deceased was renting out a property which he or she owned the new contact and bank details of the person to whom rent is to be paid must be communicated to the tenants.

They must be informed of the death.

In case the deceased was the guardian of a person placed under his or her guardianship or of their children.