Funeral and Burial Disputes
Guiding you through funeral and burial disputes
Unfortunately, it is not uncommon for loved ones to disagree over funeral arrangements, the possession and scattering of ashes or burial arrangements after someone has died.
There is a common myth that the "next of kin" has the right to arrange a funeral and make the disposal arrangements for the deceased's body. However, this is not always the case, and even if the deceased has left a letter of wishes setting out what they want to happen after they pass, these wishes are not legally binding or enforceable.
Naturally, this can cause tension where the deceased has expressed certain wishes that are not being complied with or there is a disagreement about their wishes.
With extensive knowledge of all aspects of contentious probate and funeral and burial disputes. We can offer proactive and cost-effective solutions to complicated disputes.
Our team consists of members of the Society of Trust and Estate Practitioners and the Association of Contentious Trust and Probate Specialists (ACTAPS). Our team are also ranked by the Legal 500 and Chambers & Partners High Net Worth guide for private wealth disputes.
Request legal advice on a burial or funeral dispute
Who "owns" the body?
No one can claim ownership over the deceased's body. Instead, there will be a responsibility to dispose of the deceased's body.
Who has the right to plan and carry out the funeral?
If the deceased made a will, the responsibility will, in the first instance, fall to the executors named in the will. If they do not wish to take responsibility for the funeral arrangements and disposal of the body (for example, if they are professionals), the responsibility falls to any of the residuary beneficiaries named in the will.
If the deceased died without making a will, the responsibility will fall to the individual who has the right to take out a grant of probate of administration. The Non-Contentious Probate Rules 1987 set the priority order as:
- The surviving spouse of the deceased;
- The children and grandchildren of the deceased;
- The mother and father of the deceased;
- Blood-related siblings, and nieces or nephews in the case of a deceased sibling;
- Grandparents; and
- Blood-related uncles, aunts, and cousins in the case of a deceased uncle or aunt.
If no arrangements have been made, the duty will ultimately fall to the local authority where the deceased has died or been found under section 46 of the Public Health (Control of Disease) Act 1984.
The deceased cannot nominate someone other than their executors to take control of the funeral arrangements, disposal of ashes, or burial, nor can the deceased compel the executors to carry out these tasks in a particular way.
What power does the court have?
In situations where loved ones cannot agree on the funeral arrangements, burial or scattering of ashes, the court can be asked to make the decision, but this should be considered a last resort.
When asked to make such a decision, the court will consider:
- The deceased's wishes;
- The reasonable requirements and wishes of the family who are grieving and
- The body should be disposed of with proper respect and decency and, if possible, without further delay. This is considered to be the most important consideration.
Along with the above, the place the deceased was most closely connected with is a factor to be considered. For example, in one case, the deceased had connections with both England and Nigeria, and the parties could not agree on the location for the burial. The court decided that there was to be a commemorative service in England but that the deceased's body was to be returned to Nigeria for burial.
Ceremonies tend to accompany the funeral and are usually decided by the person who is entitled to make the funeral arrangements. But the court has the power to make specific directions as to the arrangements, if needed.
Examples of funeral and burial disputes we have dealt with
Court application to determine precise funeral arrangements
We assisted a client who was in a dispute with her sister about how their aunt's body should be disposed of and the funeral arrangements. The sisters were unable to agree on any of the arrangements, and each distrusted the other to the extent that they were not happy for the other to hold the ashes whilst they tried to agree.
The funeral home was asked to keep hold of the ashes. This case was fraught with difficulties, including accusations that the ashes had been removed, and ultimately resulted in a court application so that the court could determine the precise funeral arrangements (including the date, location and who should be allowed to attend) as well as an application for an independent administrator to be appointed.
Dispute over scattering of late parents' ashes
We assisted two brothers whose sister would not engage with them to arrange the scattering of their late parents' ashes. The sister wanted to avoid attending if the brothers were there too, and neither could they agree on a location. This issue of the ashes was included in a court application for directions on how the estate would be dealt with generally. The directions included where the ashes were to be scattered, who could attend, what style the headstone would be, and the headstone's wording.
Latest successes
Why choose us as your funeral and burial dispute lawyers
Our team is well placed to advise in relation to all disputes regarding funeral arrangements and the disposal of a body and ashes, including but not limited to:
- Disputes concerning the type of funeral arrangements and how a body should be disposed of;
- Disputes concerning who has the authority to deal with such matters and
- Applications for an interim grant of probate to allow certain actions to be carried out.
Meet the funeral and burial dispute team
Craig Ridge
Partner and Head of Contentious Probate
Georgia Stott
Senior Associate - Contentious Probate
Joseph Martin
Senior Associate - Contentious Probate
