The death of a loved one is deeply traumatic for all concerned and, whilst one can hope that disputes do not arise, sadly, they can and they do. Common types of disputes can be over the validity of a Will, disputes about who should administer the estate, as well as disputes over distributions of the estate, to name just a few.
Alongside these, it is not uncommon for disputes to also arise over the funerary arrangements and the right to dispose of the body. With over 570,900 deaths registered in England and Wales in 2025 (an increase of 0.4% compared to 2024), it is not surprising to see these types of disputes on the rise. This year alone, there have already been a number of burial disputes reported in the media.
What sorts of issues give rise to these disputes and, although it is never possible to completely eliminate the possibility of conflict, are there any ways of being able to reduce the scope for a dispute?
Why do disputes happen?
Disputes over funerary arrangements can arise for a number of reasons and, with family structures becoming ever more complex, this has the potential to create even more tension amongst family members as to how the deceased should be laid to rest.
Some common sources of disagreement include:
- Should the deceased be buried or cremated? It is not uncommon for one party to be of view that the deceased should be buried, whereas others may hold equally strong views that the deceased should be cremated;
- Where should the deceased be laid to rest? Disputes can (and often do) arise over the final resting place of the deceased;
- Who has authority to dispose of the body? Where there is a Will, then it will fall to the executor for the purposes of carrying out the duty of disposing of the body. However, where there is no Will, then the intestacy rules will govern who has priority. Where there are multiple people in the same class who do not see eye-to-eye (for example, two parents who have differing views) this can lead to conflict.
Ways to manage conflict
Whilst it is impossible to completely eliminate the potential for dispute, there are some ways (to name just a few) to help limit this possibility:-
- Record Your Funeral Wishes Clearly
It may come as a surprise to know that even if you specify your funerary arrangements in a Will, this is not legally binding. However, recording your wishes in a Will (or a Letter of Wishes) does provide evidence of your wishes, and if a dispute arises, it is one of the factors the Court will consider. It would be prudent to set out your wishes insofar as:
- Whether you would prefer a burial or cremation;
- Your preferred (if any) location;
- Any religious, cultural, or personal requirements; and
- Any particular requests about the funeral service.
- Discuss Your Wishes with Family Members
It may seem obvious, but communication with your loved ones is crucial and can go a long way in reducing the potential for a dispute. Whilst having your wishes recorded in writing is valuable, it should not be a substitute for having an open and honest conversation with your loved ones whilst you are alive.
Having these sorts of conversations may not be comfortable, but making your wishes known when you are alive and explaining them to your loved ones can give them time to come to terms with your decisions and, more importantly, the chance to discuss and understand your preferences with you.
- Choose your Executors Wisely
If you leave a Will, the duty of disposing of the body will fall to the executor. When appointing an executor, it may pay dividends to give careful consideration to appointing someone who, in the event of a dispute, would still be willing and able to act, and whom you are confident can manage family dynamics.
In circumstances where you believe the possibility of a dispute is high, appointing an independent professional executor may be something worth considering.
What happens if a dispute cannot be resolved?
If, ultimately, it is not possible for parties to reach agreement then, at this stage, it may be necessary to seek legal advice, but it is important to act quickly.
If parties cannot reach an agreement, there are other ways to try to break the deadlock such as mediation, but if the circumstances are such that this is not appropriate (at least not immediately) then Court proceedings may be necessary and you may need to move quickly.
If you are facing a dispute
Like all disputes involving a loved one, emotions are running high and parties should always try to reach a negotiated settlement before looking to the Courts. This is, of course, not always, possible and if parties hold strong but differing views over the deceased’s funerary arrangement then sometimes litigation is inevitable.
If you are faced with a dispute or you are concerned about the possibility of a dispute we have the experience of handling these sorts of matters. If you are involved in a dispute (or you anticipate one) then please contact Mr Adam Palmer at adam.palmer@colmancoyle.com or by telephone on 0207 704 3418.
Alternatively, if you would like to make a Will or wish to discuss your current one to ensure your wishes are properly recorded, please contact Mr Patrick Green by email at Patrick.green@colmancoyle.com or by telephone on 0207 704 3449.
