Disputes between family members about deceased relative’s funeral arrangements are incredibly distressing for all involved. Unfortunately, we have received a growing number of queries where the coroner or mortuaries involved have refused to release a body when it is unclear who is responsible for the remains. Hayley Caprani-Warner, Solicitor in our Contentious Probate team explains.
Who is responsible for the remains?
The personal representatives of the estate are responsible for arranging the funeral and usually, the coroner or the mortuary will release the body to the personal representatives (or whoever is entitled to apply to become a personal representative). It is important to remember however, that no one ‘owns’ a body- a personal representative is simply responsible for arranging the funeral and fulfilling any wishes the deceased may have had.
If the deceased died leaving a valid Will in place, the personal representatives will be the executors named in the Will, so long as they are willing and able to act. They have been nominated by the deceased to take on this role and therefore if a copy of the Will is provided to the coroner or mortuary, they will usually agree to release the body to the care of the executors. If the deceased died without a valid Will in place, the intestacy rules set out who has the right to apply to become the personal representative of the estate, and who is due to benefit from the estate. This will often be a spouse, or the children of the deceased. Information on what happens if you die without making a Will can be found in our intestacy flowchart.
Whilst this type of personal representatives does not formally take up their role until a grant of letters of administration has been issued by the probate registry, the coroner or the mortuary will usually agree to release the body to the care of whomever has the ability to apply to become a personal representative of the estate. If more than one person is able to apply, the coroner or mortuary is likely to ask for all capable parties to agree.
What do I do if there is a dispute?
In the first instance, we would always suggest trying to come to an agreement in respect of funeral arrangements. If the coroner or mortuary is receiving conflicting instructions from different family members, it will delay the release of the body. This can be very distressing and emotional time for all involved and it is easy for matters to become heated, however it is important to bear in mind that the sooner any dispute can be resolved, the sooner loved ones can be laid to rest. If an agreement cannot be reached, the entitled personal representative should provide evidence to the coroner or mortuary that they are the appropriate person to take responsibility for orchestrating the funeral.
If it is not clear who the personal representative of the estate is, or if the personal representatives cannot agree on funeral arrangements, it is important to seek legal advice at the earliest opportunity as to the next steps.
Get in touch For problems concerning the validity of a Will, contested inheritances and estate administration disputes contact our team on 0121 746 3300 or complete our enquiry form.
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