Funeral arrangements

Published by a ÀÏ˾»úÎçÒ¹¸£Àû Private Client expert
Practice notes

Funeral arrangements

Published by a ÀÏ˾»úÎçÒ¹¸£Àû Private Client expert

Practice notes
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Funeral arrangements

Funeral arrangements are usually made by a member of the deceased’s immediate family. An executor appointed in the deceased’s Will may be required to undertake this responsibility if no one else is available.

The PRs should check the Will to see whether the testator expressed any wishes as to the disposal of their body, but note that any such directions are not enforceable at law.

However, compliance with the provisions of Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 is required:

'Everyone has the right to respect for his private and family life, his home and his correspondence'

This means that the views of the deceased in relation to their funeral arrangements should be given due weight. This approach is not without doubt so caution should be exercised.

Approval to move the body abroad or to repatriate the body

If the deceased’s body is to be repatriated or otherwise moved abroad for the funeral, the coroner’s permission must be obtained and should be requested at least four days

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Jurisdiction(s):
United Kingdom
Key definition:
Probate definition
What does Probate mean?

The process of proving (ie establishing the validity of) a Will by the executor. Once the Will has been proved, the court will issue a grant of representation. The Scottish law equivalent is executry.

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