Blog By Donata Crossfield, Wills and Probate Director

Whilst many loved ones make their funeral wishes clear in advance, in a Will, or in a separate letter of wishes, in some cases there may be ambiguities, such as who has the right to possession of the deceased’s body. This issue has come before the courts on numerous occasions over the years.

It was first held in Williams v Williams [1880] that there is ‘no property’ in a corpse unless it has undergone some process (such as dissection or embalming) as a result of which it (or part of it) acquires a value in itself. That decision was cited more recently in recently, Dobson v North Tyneside Health Authority [1996].

There is ‘no property’ in a corpse unless it has undergone some process (such as dissection or embalming)

There are designated individuals responsible for disposing of the body, such as an Executor if the deceased leaves a Will, or the Administrator under the Grant of Letters of Administration if the deceased dies intestate. In the case of a deceased child, the parents are responsible.

In a situation where more than one person may have the right to deal with the body for the purposes of proper disposal, there may be disputes between different parties. In some cases that arise, executors and family members, for example, cannot agree on how to proceed.

The body can be disposed by anyone if necessary, as long as it’s done in a legal way

However, the body can be disposed by anyone if necessary, as long as it’s done in a legal way. For example, the council can arrange a funeral if there is no known family, or they are not available. Families can also consult with the cremation service provider for guidance, advice and support on proper ashes handling and distribution.

It is recommended that a person has a correctly executed Will and leaves funeral wishes if possible, for the family. If the family does not have immediate access to the Will, this may result in disputes on how to proceed with the funeral. So it is wise to let the family and the executors know the funeral wishes in advance so that they are prepared.

If disputes become insurmountable, consider consulting a solicitor or mediator who specialises in family disputes or estate planning. They will be able to facilitate discussions and provide legal guidance if necessary.