Burial Disputes

Over half a million people die each year in England and Wales. As family structures become increasingly complex, conflicts often arise regarding where the deceased should be laid to rest and whether they should be buried or cremated.

It is well established that there are no rights of ownership in a body following death. In the absence of a court order to the contrary, if the deceased left a will, then the duty to dispose of the body will fall to the executor, who will have a right to possession of the body for the purpose of carrying out that duty. If the deceased died without a will (and intestate), then the duty will fall on the person(s) who have priority in intestacy.

It may not be possibly to completely eradicate the possibility of disputes and especially in circumstances where the dispute arises after your death but there are certain steps that can be taken to try to mitigate the possibility. For example, although it is not legally binding, if you have a preference it would be sensible to set out your wishes clearly in your Will or in a separate letter (known as a Letter of Wishes).

If you have left a Will, it is also important to think carefully about who you appoint as executor.

The careful appointment of an executor cannot be understated and if you want your wishes to be honoured it would be sensible to consider appointing somebody who is likely to give effect to these.

However, it is not difficult to see how a dispute could arise.

One can easily imagine a scenario where the deceased has children from a first marriage, then gets divorced, remarries, and starts a new family. Upon death, the children from the first marriage may have a particular view on the funeral arrangements that differs from those of the children from the later marriage.

If a dispute does arise then as a first step parties should consider trying to reach a negotiated solution whether this be through mediation or otherwise. If this is not possible then Court proceedings may sometimes be inevitable but should be approached as a last resort.

How we can help

At Colman Coyle we would advocate, as far as possible, trying to resolve a dispute like this without the need to involve the Court. However, we recognise that this may not always be possible.

If you are trying to mitigate the risk of a dispute occurring, we can advise you what steps you can take to try to ensure that your wishes are honoured following your death

Alternatively if you are involved in a dispute over a burial we are well placed to advise what options are available to you and, if necessary, we can assist you in making the appropriate application to Court.