Sadly, there are occasions where families simply cannot agree where their loved one's body should be laid to rest. There are many variables that could cause a dispute such as:
- Burial or cremation
- What type of casket or urn might be preferred and
- Whether to scatter or bury the ashes.
Who has the right to decide what happens?
If there is a Will in place
If there is a Will, then the people entitled to the body and to make decisions about the body are the Executors.
If there is no Will in place
A large percentage of the population die without leaving a valid Will, so what happens then?
If someone dies without leaving a valid Will, then the people entitled to the body and to make decisions about it, are those who are entitled to benefit from the deceased’s estate under the Rules of Intestacy. This could be the deceased’s spouse, children or more remote relatives depending on who is alive and entitled at the time of death.
What happens if there is a family dispute over ashes?
In the unfortunate event that a dispute arises, an application may need to be made to the Court to resolve the issue. This can be costly, time consuming and it can delay the proper administration of the deceased’s estate.
Therefore, it is always sensible to prepare a Will which appoints Executors so it is clear who will have the authority to make these decisions.
Some people like to include their funeral wishes in the Will stating what is to happen to their body when they die. The wishes can be as simple as stating a preference as to burial or cremation, or the wishes include details of location for burial/scattering, hymns and flowers etc.
Of course, you could also consider making the arrangements yourself by way of funeral plan and then referring to this in your Will.
Funeral wishes contained in a Will are not legally binding but they do help your Executors to know what you would have wanted.
Next Steps...
If you would like further information about making a Will then please contact me on 01530 564498 or at m.lovell@timms-law.com.
