Funeral and burial disputes

Funeral arrangements can be a burden that come with a lot of stress. Therefore, it is not uncommon for family members and loved ones to have quarrels during the process of funeral planning. 

Many people will express their wishes for their funeral in wills, however, these wishes are not always binding or legally enforceable. Many people believe that the “next of kin” has the right to make funeral and burial arrangements. 

Although there is not an express right for funeral and burial arrangements, there is often a duty to dispose of the body for those who have the right to custody. “. The law provides a hierarchy of people who have the right to determine the mode and place of burial which differs depending on whether the deceased made a will.”

This duty typically is on executors and personal representatives of the estate. If the deceased dies intestate, there is a hierarchal list of responsibility for administration of the estate. 

That list is as follows:

1. the surviving husband or wife;
2. the children of the deceased and grandchildren in the case of a deceased child;
3. the mother and father of the deceased;
4. blood-related brothers and sisters, and niece or nephew in the case of a deceased sibling;
5. grandparents; and
6. blood-related uncles and aunts and cousins in the case of a deceased uncle or aunt.

Due to the number of people that may have an interest in the state, an agreement may not be reached and a burial dispute could ensue. 

In the case of a burial dispute, a court may need to step in and in doing so they will consider certain factors to decide what the best option is, often basing the decision on disposing of the body in a timely and respectful manner. 

See Richard Adams, Funeral and burial disputes, Legal Futures (U.K.), October 30, 2020. 

Special thanks to Jim Hillhouse (Professional Legal Marketing (PLM, Inc.)) for bringing this article to my attention.