Funeral service and place of burial

Declaration of Choice of Funeral Ceremony Type and Burial Place

Legislative Framework:

Law 4368/2016 establishes the following:

  • The burial of a deceased person is prohibited without the presentation of the death certificate, which must state the exact place, date and time of burial.
  • The right to choose the place of burial is vested in the individual.
  • Any natural person may, by an express and unconditional statement before a notary public, designate the type of funeral ceremony and the place of their burial.
  • This statement shall designate the persons (relatives or not) who shall carry out the wishes of the deceased, who shall accept such statement and undertake the obligation to fulfill it.
  • In case of observance of the prescribed procedure and insofar as the wishes of the deceased do not conflict with the rules of public order, hygiene or morality, the competent bodies or burial services shall respect the wishes of the deceased, even if any relatives object.

In summary:

  • The choice of the place and type of funeral is a right of the individual.
  • The wish of the deceased for cremation and disposal of the ashes must be expressed by an express statement before a notary public.
  • This statement shall designate the persons who shall carry out the wishes of the deceased.
  • In case of observance of the prescribed procedure, the wish of the deceased for cremation must be respected, regardless of any opposing views of relatives.