When a loved one passes away, most families want to honour their wishes and lay them to rest with dignity.
However, if no clear funeral or burial plans were put in place or if family members cannot agree on what should happen, it can be difficult to know where to turn.
Disagreements at such an emotional time can quickly escalate and families may be unsure of their legal rights.
Our Head of Personal Litigation, Erin Duffy, explains what you need to know when a funeral or burial dispute arises.
When can funeral and burial disputes arise?
Funeral and burial disputes commonly arise due to differing family wishes.
Family members may disagree on:
- Whether a loved one should be buried or cremated
- Where the burial should take place
- The nature of the service
Who should be involved in the arrangements
For blended families, these tensions can be even more likely if there are children from different relationships holding conflicting views.
Many people may assume that the next of kin automatically has the right to make decisions about funeral wishes.
However, this is not always the case and misunderstandings about who has the legal right to control funeral arrangements can quickly lead to disputes.
Disputes do not always arise over the nature of the service, but sometimes over the costs. Funerals can be expensive and disagreements can occur over budgets or who holds responsibility for these payments.
In addition, religious or cultural differences within families can lead to different expectations about how a loved one should be laid to rest.
What does the law say about funeral and burial rights?
It is common law that there is no property in a corpse, meaning a body cannot be owned or gifted.
The law focuses on who has the right and duty to dispose of the body. That person has the authority to make decisions about funeral and burial arrangements from the moment the person passes away.
Funeral wishes expressed in a Will are not legally binding, but they may be taken into account if a dispute arises.
What is the legal order of priority?
The legal order of priority as to who has the right to dispose of a body is:
- Hospital authority – In rare cases where the body is infectious
- Coroner – This is temporary, while the cause of death is investigated
- Executor – If the deceased left a valid Will
- Intestacy hierarchy – If there is no Will (starting with a spouse or civil partner, followed by children, parents and siblings)
- Local authority – If no one else is willing or able to act
How can funeral and burial disputes be resolved?
Many funeral and burial disputes can be resolved through early negotiation or mediation.
Mediation allows families to reach an agreement without court involvement and is often quicker, less costly and far less damaging to family relationships.
If a resolution cannot be achieved, court intervention may be necessary.
The court’s primary concern is that the body is disposed of with dignity and respect and without unnecessary delay.
Court proceedings can be stressful and expensive and should be considered as a last resort.
How can we support you during a burial dispute?
If you are facing a funeral or burial dispute, the legalities can feel overwhelming.
Our experienced solicitors provide you with compassionate and clear guidance during this difficult time.
We can explain your legal rights, advise executors and family members impartially and assist with negotiation so you can come to an agreement you feel at peace with.
If you need support with a funeral or burial dispute, contact our team today.
