Burial disputes in England and Wales: legal rights, remedies and risks
A practical guide to burial disputes, who decides funeral arrangements, court intervention, and the risks for executors.
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These disputes are usually highly emotive and should be dealt with respectfully and sensitively. They require urgent resolution, ideally by seeking an agreement between the parties but sometimes the Courts do have to intervene as a last resort.
If there is a Will, it is common to see a clause containing funeral wishes, but it is important to note that those wishes are not legally binding.
There is no ownership in a corpse, and so it is not deemed as property. However, there is a duty to dispose of a body, and this duty lies with the executor named in the will, or where there is an intestacy the administrator’s name on the letters of administration. If the deceased dies without a will and there is no personal representative appointed, then there is an order of priority which is set out in Rule 22 of the Non Contentious Probate Rules 1987.
Conflicts commonly arise where there is more than one person equally entitled to dispose of the body and they may disagree on how and where the body is disposed.
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A practical guide to burial disputes, who decides funeral arrangements, court intervention, and the risks for executors.
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Read MoreContact Us
As any disputes could result in the delay in dealing with your loved ones burial wishes, they do require urgent attention.
If you’re experiencing a disagreement over funeral wishes, burial location, or the handling of ashes, our team can help you navigate the legal complexities with care and sensitivity.
Call us on 0330 123 9501 or complete the enquiry form below to speak with someone from our Wills, Trusts and Estate Disputes team.
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