Making end-of-life choices as an expat: Should you stay or return home?

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Written by Helena Delbecq on 02 September, 2024
Moving to a foreign country often comes with personal growth and exposure to new cultures, but one must also consider the very practical aspects of ending one's life in that country after settling permanently there. Should you consider returning to your country of origin at this stage? Beyond the emotional aspect—being surrounded by loved ones—it is also important to consider the practical points of end-of-life abroad: administrative steps and issues related to international inheritance. 

What you should consider when you are no longer autonomous abroad

The decision to return to your country of origin is personal and depends largely on your health status and the need to be close to family. This question becomes even more significant when faced with partial or total loss of autonomy.

Firstly, it's important to know that your family might not be able to come and assist you long-term if the country you reside in requires a residence permit, which is often the case beyond a 90-day stay. While family reunification procedures commonly exist to bring elderly parents to live with expatriates, the reverse is much less common. Few countries, like Germany, under § 36 of the German Residence Act, allow joining immigrant parents on a temporary residence permit. In such cases, it's necessary to prove that your parents urgently need your assistance, particularly in the case of a serious illness or loss of autonomy. It's advisable to check with immigration offices if such an option exists for your family to join you for an extended period.

Financial considerations in case of loss of autonomy are also key factors that could influence your decision to return to your home country. Managing costs when in such a situation can be challenging. Your retirement pension alone may not suffice to cover the need for at-home care or stay in facilities like nursing homes. There are dependency insurances you can sign up for, but make sure to check specifically if the benefits are not limited to the country where you have the insurance.

Aside from dependency insurance, several countries offer specific aid. For example, in France, the personalized autonomy allowance (APA) is granted to individuals in a state of dependency, with no resource conditions (amount depending on income). However, as a retired French citizen, you are not eligible unless you reside in France. If you choose to stay in a foreign country, it's crucial first to check if the government of your residence country offers aid and if you are eligible as a foreign citizen.

End-of-life abroad: What are the essential administrative steps?

Whether to return or stay in expatriation is solely up to you, but it's good to know that a death abroad involves a number of steps for your relatives. For instance, they will need to report the death to local authorities and then contact the consulate of your country of residence to obtain an official act and a complete copy. Needless to say, these steps are somewhat difficult to perform remotely.

Body repatriation to the country of origin is another issue. If this is your wish, the procedures are obviously very regulated. Your family will need to first obtain a transport and repatriation agreement issued by the municipality where the funeral will take place. The Consulate is again the privileged interlocutor to whom to turn. Your family will then need to organize the conditions for transporting the body through a company specialized in this field, which can cost around 2,000 to 6,000 euros, depending on the distance, mode of transport, and other technical constraints. It is therefore recommended to take out repatriation insurance, which can also be helpful in other circumstances, such as for specialized care. It is generally offered as a supplementary guarantee by health insurance companies or by specific guarantees from other insurers. Transport of the body can also be a condition included in a funeral insurance contract.

Regardless of your decision, leaving a document outlining your wishes will greatly facilitate the steps for your relatives. According to the law of some countries, this document can generally be written by hand, on plain paper, without official registration. If you choose to remain abroad, it is recommended that you make an international will, which requires the presence of a notary.

What you need to know about international inheritance

Administrative and inheritance procedures are known for being generally laborious and complex, especially if you have chosen to remain abroad until the end. In such a case, your family will likely face an international inheritance issue. This situation applies to persons who die in a country different from their nationality or leave assets in a country different from their nationality or residence.

For example, within the European Union (EU), the regulations of the state of the deceased's last residence apply (European Regulation on International Successions of 2015). It is, therefore, necessary to determine what this habitual residence was at the time of death (often complex in cases of people living in two countries). If you wish for the law of your nationality to apply, you must explicitly state this before your death in your will. For those residing in a country outside the EU, it is necessary to refer to the principles and conventions of the state laws you depend on. Is there an international convention specifying the law applicable to a foreign resident's succession on the territory? This is what needs to be determined, sometimes with the help of a specialized lawyer, which makes things much more complex.

As we have seen, the choice to stay abroad or return to your country of origin depends on a variety of emotional, financial, and administrative factors. It's recommended to consider the situation in advance, gather all the necessary information specific to your place of residence, and openly discuss the issue with your family.