Burial and funeral disputes

During such emotionally charged times, it is not uncommon for burial and funeral arrangement disputes to occur. These types of disputes may be centred around:

• Whether a body should be cremated or buried. 
• Where the burial should take place
• What type of ceremony should be arranged. 
• Who should (or should not) attend the ceremony
• Ceremony arrangements, such as date, music, time, readings. 
• What should happen to ashes after cremation. 

We understand that burial and funeral disputes can be very upsetting. They are also generally time sensitive. So please do contact our team for advice if you find yourself in any of these situations.

Who has authority to handle to burial and funeral decisions?

The responsibility of disposing of a body falls, firstly, to any named executors in the deceased’s will. If there is no will, or there are no executors appointed or able to act, the person who takes out the letters of administration (i.e. the administrator) will have this responsibility. 

If a person dies and does have any surviving family, or those relatives that do remain are unwilling or unable to deal, the local or health authority can arrange a simple funeral. The authority will have regard to the deceased’s wishes, if known. The local authority will pay for the funeral and may be able to recoup those costs from the deceased’s estate, but this must be done within 3 years. 

A Court can intervene if there is a dispute amongst loved ones about burial or funeral decisions. When deciding on such cases, the court will look at the facts of each individual case, and consider the following:

• Decent and respectful disposal without undue delay 
• The deceased’s wishes 
• The wishes of family and friends
• The location with which the deceased was mostly connected

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Who owns ashes?

Following a cremation, the ashes are to be left with the person who made the funeral arrangements This therefore tends to be the personal representative of the estate (i.e. the executor or administrator). It is for the personal representative to decide how to dispose of the ashes. Courts are reluctant to become involved in disputes over the possession and disposal of ashes, but if they are they will consider all the circumstances of the case and make a decision on what is most appropriate. It is therefore not necessarily right that the personal representative has the final say.