Differences – South Africa vs Germany

The last thing you might want to think of while settling into your new home is funeral planning.But this is something you will need to plan for as the rules and regulations are very different from South Africa.The rules in Germany are very strict and funerals are extremely expensive. Questions to ask yourself: Do you want to be buried in a casket or be cremated? Do you want your remains to be sent back to South Africa If you opt for cremation, do you want your ashes to be sent to South Africa If buried in Germany would you want a tombstone (also valid for cremation) How will your family or estate pay for the funeral/repatriation costs? Here is a short video about how much a funeral costs in Germany Rules in Germany Funeral laws are regulated by the federal states. This includes issues such as the deadline for burial, death certificates, the determination of death and what happens in the case of an inquest.  Each federal state enacts its own law. You can find the rules for each state here (in German) Baden-Württemberg Rheinland-Pfalz Berlin Brandenburg Bremen Mecklenburg-Vorpommern Hessen Hamburg Niedersachsen Nordrhein-Westfalen Bayern Saarland Schleswig-Holstein Sachsen-Anhalt Sachsen Thüringen The following are roughly translated and cannot serve as legal advice: “The burial responsibility (Bestattungspflicht) specifies who is responsible for the burial of a deceased person.This only implies responsibility and not an obligation to bear the costs. The obligation to bury a deceased person is in order of priority and starts with your spouse or life partner then your children, then your parents, next your siblings then grandparents and lastly grandchildren. If the obligation falls on more than one child, the eldest is usually responsible.  If there are no survivors to take over this obligation, the community (Gemeinde) will take over the responsibility. The obligation to bear the costs is not regulated by the federal states. According to § 1968 of the Bürgerliches Gesetzbuch (BGB), the heirs have to bear the cost of the funeral. If the heir is a community, they will bear the costs. If the cause of death is a fatal accident, the costs can be reclaimed from the person who caused the accident. To read more about it in German have a look here. They explain a couple of scenarios.When the estate is insolvent or over-indebted, and the heirs cannot pay the costs, the obligation to cover the costs may be passed on for example to relatives or maybe the person who caused the death, or the Sozialkasse if no one else can pay.” Each state also has their own rules on the burial deadlines (Bestattungsfristen ). The time allowed to transfer a body to the morgue (Eine Überführung) can be anything between 24 and 36 hours. Burials may not take place before 48 hours after death. Some federal states also specify the deadline by which the funeral must be carried out at the latest. Laws on miscarriage or stillbirth (Sternenkinder) are based on the weight of the fetus and are governed by the states. In Germany, a deceased person or his ashes must be buried in a cemetery, and German law does not allow private persons, to handle remains. This means you are not allowed to take the ashes with you.The only two exceptions at the time of publishing are if you have a burial at sea or if the urn is buried in a burial forest (Beisetzungswald/ Friedwald.)In Bremen, you are allowed to scatter ashes on private property. One of our members also mentioned the following with regard to a Sea burial:An anonymous Seebestattung (no mourners) was 740 Euro in 2019, the Sterbeurkunden and Totenscheingebühren were an additional 148 Euro. They are in Genthin and Brandenburg. The company is called Bestattung und Grabpflege Titze. If you opt for a burial, you have to be aware of the fact that after 20/25 years your grave will be assigned to someone else, and the remains will be disposed of. Funeral Insurance Funeral insurance (Sterbegeldversicherung/ Sterbeversicherung) covers the cost of the funeral and depending on your cover, it can also cover the costs of repatriation for those who wish to be buried in their homeland. You can have a look at some of these providers. We are not affiliated with them and only post here so that you can have a baseline to work from. Talk to your financial advisor to get professional advice, Ergo Hanse Merkur www.check24.de – comparative site What to do in the event of a death If the death happens at home, the first thing you need to do is call your doctor or a Notarzt, who will write a cause of death certificate (Totenschein)If the death happened in a hospital, they will take care of the cause of death certificate (Totenschein). You need this to apply for a Formal Death Certificate (Sterbeurkunde). The Death Certificate is a very important document, you will need it for everything related to the funeral and insurance.Relatives or the undertaker can apply for the Death Certificate (Sterbeurkunde). As an expatriate, you will need to contact the consulate, from whom you must obtain the death certificate. The consulate can also advise you on Funeral homes or how to send the remains back to South Africa if needs be. You can also contact a funeral home (Beerdigungsinstitute) yourself. From my understanding, the consulate can issue you with an English death certificate, that you might need for insurance claims or repatriation of the remains. They will need the original German certificate. You will need to notify the Ausländerbehörde. A funeral home can organise almost everything for you, at a cost of course. They can help with notifying the Standesamt, the flowers, gravestones, etc. Virtual Funerals / Memorial services Anelia from Herklink organises virtual memorial services Wills and Testaments You can specify your funeral wishes in your testament, but you will have to register one in Germany. You can do it at a Notar or use a company like the Deutsche Vorsorgedatenbank. Types

Disclaimer The information provided on this website is for general informational purposes only and is not intended to constitute legal advice. You should consult a qualified legal professional for advice specific to your situation. We make no representations or warranties regarding the accuracy, completeness, or suitability of the information provided. Use of this site is at your own risk. Where to find information The Bundesamt für Justiz publishes the laws and regulations to a the Gesetze im internet website. The main site is in German, but there are translations available, with the following notice “Translations of these materials into languages other than German are intended solely as a convenience to the non-German-reading public. Any discrepancies or differences that may arise in translations of the official German versions of these materials are not binding and have no legal effect for compliance or enforcement purposes.” For the English translations please visit this page, it covers the Basic Law for the Federal Republic of Germany.Your main source for the most up-to-date information should always be the website of the Bundesministerium der Justiz und für Verbraucherschutz.The site is also available in  English and is called “The Federal Ministry of Justice and Consumer Protection.” Federal States, districts and towns The Federal states, districts or towns govern some laws and regulations. For more information visit the official website of the Federal state, district or town Good to know Insults Germany has strict laws regarding insults and defamation, and it is important to understand these regulations to avoid legal trouble. The penalty for insult is imprisonment for a term not exceeding one year or a fine and, if the insult is committed publicly, in a meeting, by disseminating content (Section 11 (3)) or by means of an assault, imprisonment for a term not exceeding two years or a fine.” Section 185 of the German Criminal Code (Strafgesetzbuch, StGB): This means that publicly insulting someone—whether in person, online, or through printed materials—can lead to criminal penalties. The severity of the punishment depends on how the insult was made and whether it was done in a public setting. Defamation and Related Offenses Germany has additional laws covering defamation and slander: Section 186 StGB (Defamation) – Making false statements that could damage someone’s reputation can lead to fines or imprisonment. Section 187 StGB (Malicious Gossip) – Knowingly spreading false information to harm someone can result in even harsher penalties. Section 188 StGB (Defamation of Public Figures) – Harsher penalties apply when insulting politicians or individuals in public office. For more information and other related offences see Division 14 Insult of the German Criminal Code (Strafgesetzbuch, StGB), and in German Abscnitt 14 Beleidigung  Practical Tips  Be mindful of how you express disagreements, especially in public or online. Avoid making derogatory statements about individuals, whether verbally or in writing. If involved in a dispute, seek legal advice before responding in a way that could be legally problematic. Incitement Section 111 of the German Penal Code (Strafgesetzbuch, StGB) addresses the crime of public incitement to commit unlawful acts. This provision is designed to maintain public order and prevent the encouragement of criminal behaviour.   Section 111(2): Consequences and Penalties If the incitement leads to the unlawful act being committed, the person who incited the act can be punished as if they had committed the act themselves. If the incitement does not lead to the unlawful act being committed, the punishment can still be significant but typically less severe than if the act had been carried out. The penalty can include imprisonment or fines, depending on the nature of the incited act and the circumstances of the incitement. We thought to mention this to deter people from using forums like Facebook or other social media groups to tell others how to bring Biltong to Germany or how to use VPNs to bypass German rules and regulations when streaming content not approved in Germany. Apps LX Gezetze for iPad gesetze.io Scams  A great website to search for current scams is Watchlist Internet, an Austrian website in German   Europol The European Union Agency for Law Enforcement Cooperation is the law enforcement agency of the European Union (EU)  to handle criminal intelligence and combat serious international organised crime and terrorism through cooperation between competent authorities of EU member states.   Please take note of the notice by Europol regarding scam calls. Europol will never call you directly. There is also a link on their website where you can report such calls Booking.com The person receives messages from inside the Booking.com website/app, seemingly from the hotel they booked. The “hotel” informs them that their payment didn’t go through. The reasons can be that your credit card details are old or being declined. The scammer then says you must make a payment within 24 hours or lose your booking. They ask for your credit card details and if this is declined, they ask for an IBAN payment or direct transfer (in this case it was a bank in the UK) to confirm the booking. They send you an external e-mail with the banking details. Do not do anything without consulting the hotel directly (not via the chat in Booking.com) or phone Booking.com. To phone them you will need the booking confirmation and pin code related to your booking.Be very vigilant, everything seems legit. What might be happening is that the specific hotel has been hacked, so the scammers have access to the chat window in the Booking.com app or website, as well as all your booking details. If this does happen to you, and you made a payment, contact your bank immediately, and I would suggest blocking your credit cards as well. Also, open up a criminal case at the police station and contact Booking.com. Remember your credit card might offer you extra protection in such cases, try not to make direct transfers. Reporting a crime In an emergency please use the 110 number to call the police or the 112 number which is the national emergency number. See the links below for a complete list of emergency numbers.For