Burial and funeral disputes

Burial and funeral disputes arise when one or more people are unable to agree what should happen to a person’s body after they die, including how to deal with, or where to bury, the body. This is a distressing time for the family and all concerned. Our team is able to advise on the legal position and help you with any dispute that may arise.

Burial and funeral disputes arise when one or more people are unable to agree what should happen to a person’s body after they die, including how to deal with, or where to bury, the body. This is a distressing time for the family and all concerned. Our team is able to advise on the legal position and help you with any dispute that may arise.

Whilst many people choose to set out their funeral and / or burial wishes within their Will, those wishes are not legally binding on the Executors. Similarly, others may not make a Will, or formally record what their wishes are. 

Difficulties can, therefore, sometimes arise when immediate family and / or close friends do not agree with any wishes that have been recorded, or on what to do with the body if the wishes aren’t known for sure. 

The general assumption is that the “Next of Kin” has the right to dispose of the body. However, this is not the case. The term “Next of Kin” is not actually a legally recognised position or role.

Further, providing that they are not acting unreasonably, the actual position is that the person who generally has the authority to administer the Deceased’s Estate is also the person who is entitled to make decisions about how to deal with and dispose of the body.

Where there is a Will, this will be the Executor(s), and if there is no Will, then it will be the Personal Representative (i.e. whoever is entitled under the Rules of Intestacy). 

By way of explanation, the order of priority under the Rules of Intestacy is:

• a surviving spouse or civil partner
• any children
• the parents, if still alive
• any siblings
• the grandparents, if still alive
• any aunts and/or uncles

Amongst each of the above-mentioned groups, there is no order of priority. Accordingly, if there is no surviving Spouse or Civil Partner and there are two Children, each are equally entitled to act as Personal Representative. 

In our experience, though we have dealt with disputes where there is a Will and named Executors, such disputes more commonly arise where there are two or more persons who are equally entitled to act under the Rules of Intestacy.

How we can help you

Our burial and funeral dispute lawyers offer expert legal advice and can:

• Advise you on the issues you may face when deciding funeral/burrial arrangements for a loved one
• Advise you on the steps you can take if you face or are involved in a dispute about the funeral/burial arrangements
• Attempt to resolve the dispute outside of Court, primarily by way of engaging in Mediation (a structured form of negotiations);
• Apply to the Court for an Order to enable certain persons to make decisions on the funeral / burial arrangements.

Our experience

• Acting on behalf of and settling a burial dispute between two children of the deceased
• Advising on a dispute regarding a person’s ashes
• Acting on behalf of a party to a burial dispute at a mediation and successfully agreeing a resolution to the matter