In Scotland, the Burial and Cremation (Scotland) Act 2016, helpfully clarifies who has the right to make funeral arrangements. In England, the law is less clear. Broadly speaking, the Law Commission oversees a patchwork of burial and cremation legilslation which includes who is considered the authority for instructions.
Here’s a summary of the official order recognised in both countries.
For adult funerals
For adult funerals, where the person who’s died nominated an Executor, or named person in a death declaration or a will, this person is the starting point.
In the absence of this nomination or if the nominee does not wish to take on the responsibility for funeral arrangements, the hierarchy for legal authorisation is:
- Spouse or civil partner
- Partner (who has been living with the person who’s died for a minimum of 6 months)
- Child
- Parent
- Brother or sister
- Grandparent
- Grandchild
- Aunt or Uncle
- Cousin
- Niece or Nephew
- Friend of long-standing
For children:
- Parent or person with parental rights and responsibilities but who is not the local authority
- Brother or sister (over 16)
- Grandparent
- Aunt or Uncle (over 16)
- Cousin (over 16)
- Niece or Nephew (over 16)
- Friend of long-standing (over 16)
It’s rare that disputes arise but in the event there is a disagreement over who has authority, particularly among equals, further legal advice may be required.
Setting out your wishes in a plan, including who you want to act as a principle, is the best way to ensure you have the funeral you want but also removes the burden of decision making from loved ones at a difficult time when emotions run high.
And it needn’t cost you a penny – we offer free funeral planning in person, online or over the phone.