FAQ Funeral Law & Your Rights

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A note about legal information The information in this section is intended as general guidance and is not legal advice. Funeral law and related regulations can change, and individual circumstances can make a significant difference. Where you need advice about your particular situation, check the latest information from an official source or seek appropriate professional advice.

There isn't a simple rule that says "next of kin automatically owns the funeral arrangements." The position can depend on the circumstances, including whether the person left a will and whether an executor is involved.
For a cremation in England and Wales, the application will normally be made by an executor or a near relative. Someone else may be able to apply in certain circumstances, but additional enquiries may be needed. 
The important thing to remember is that being someone's next of kin does not necessarily mean you have an unrestricted legal right to make every decision about the funeral.
If there is disagreement within a family, or uncertainty about who should make the arrangements, it may be sensible to seek specialist legal advice rather than assuming that one person automatically has the final say.

No.
In England and Wales, you can arrange a funeral yourself. GOV.UK specifically confirms that you can either use a funeral director or make the arrangements yourself. 
If you arrange it yourself, you will need to deal directly with the relevant organisations, such as the cemetery, crematorium or local authority.
A funeral director can provide support and take care of many of the practical arrangements, but using one is not a legal requirement.

Generally, yes. You are free to choose the funeral director you want to use.
GOV.UK also advises that you can check whether a funeral director belongs to professional organisations such as the National Association of Funeral Directors (NAFD), the National Society of Allied and Independent Funeral Directors (SAIF) or Funeral Experts. Members of these organisations are subject to their respective codes of practice. 
You can also ask different funeral directors for their prices before deciding.

You can ask to change funeral directors, but what happens in practice can depend on how far the arrangements have progressed and whether costs have already been incurred.
Before making the change, ask for a clear statement of what has already been done, what has been paid, and what further charges may apply.
If you are unhappy with the service you've received, you can also ask the funeral director about their complaints procedure.

Yes.
Funeral directors in England and Wales are legally required to publish a price list for the standard products and services they offer. 
This means you should be able to find out what their standard charges are rather than having to agree to a funeral without knowing the basic costs.
You should also ask for a clear explanation of any additional costs, including disbursements — payments made to third parties such as a crematorium, cemetery or celebrant.

Funeral costs can be paid in several ways. For example, money may come from:
  • a prepaid funeral plan
  • an insurance policy
  • the deceased person's estate
  • family members or friends
  • help from the government, if the eligibility requirements are met.
The fact that someone is arranging the funeral does not automatically mean they are personally responsible for every cost.
However, you should establish how the funeral will be paid for before agreeing to arrangements, because you could otherwise find yourself liable for the bill.
There may be help available depending on the circumstances.
For example, someone arranging a funeral may be eligible for Funeral Expenses Payment if they receive certain benefits and meet the other eligibility rules. 
Money from the deceased person's estate may also be used to pay funeral expenses.
If nobody is able or willing to arrange and pay for a funeral, the local authority may have responsibilities in certain circumstances.
Don't assume you have to find thousands of pounds yourself before asking for help.

Yes, and this can become complicated.
Families don't always agree about whether someone should be buried or cremated, where the funeral should take place, who should arrange it, or what type of service should be held.
There isn't a single simple "next of kin decides everything" rule that resolves every disagreement.
If the disagreement cannot be resolved, particularly where there is a dispute about the person responsible for making arrangements or what should happen to the body, legal advice may be necessary.

A person can leave funeral wishes in their will, but funeral wishes in a will are not necessarily legally binding in the same way as other provisions of a will.
This is one reason why it can be useful to discuss funeral wishes with the people who may eventually have to arrange the funeral.
And because wills are sometimes not read until after someone has died, recording important wishes somewhere accessible can also be helpful.

Yes, you don't have to use a funeral director.
There is, however, a formal application process. In England and Wales, the person applying for cremation will normally be an executor or near relative, although other arrangements can apply in particular circumstances. The current cremation process also includes the statutory Medical Examiner system introduced in September 2024. 
The person making the application has responsibilities and must provide truthful information.

When someone is cremated, the person who applied for the cremation is normally asked to state what they would like to happen to the ashes.
The ashes can be:
  • collected by the applicant or someone they nominate;
  • dealt with by the crematorium, for example by scattering or interment; or
  • held by the crematorium while a decision is made.
If you are not ready to decide immediately, you can ask for the ashes to be held while you consider what you want to do. The crematorium will normally give you a period in which to make that decision and may charge for keeping the ashes beyond a certain time. 
If you later want to change your instructions, you should contact the crematorium that carried out the cremation. Changes can be made in writing. 
What if the family disagrees?
This can become more complicated. The person who applied for the cremation has an important role under the current cremation process, but disputes about who should have rights over a person's remains can raise wider legal questions.
The Law Commission is currently reviewing these issues, including who should have rights and obligations in relation to someone's body and remains. Its work is proposed reform, not current law. 
If there is a serious dispute about someone's ashes or remains, you may need independent legal advice.
This information applies to cremations following deaths in England and Wales. Rules can differ elsewhere in the UK.
In England and Wales, ashes are treated differently from ordinary property. There isn't a straightforward rule saying that the ashes are legally "owned" by the person's next of kin.
Generally, the person who has custody of the ashes may have responsibility for them, but disputes can arise over who is entitled to take possession of or make decisions about them.
If the family agrees, the ashes can usually be collected and dealt with according to the deceased person's wishes or the family's agreed arrangements.
If there is a serious disagreement about who should have the ashes, or what should happen to them, the situation can become legally complicated. In that circumstance, it is sensible to seek independent legal advice.
It's worth remembering: a person's funeral wishes and wishes about their ashes can be extremely helpful, but they don't necessarily have the same legal status as instructions in a will.
This information is general guidance for England and Wales and is not legal advice.

Not necessarily.
In England and Wales, there is no general law that prohibits scattering ashes, but you may need permission depending on where you want to scatter them.
If you own the land, you can generally scatter ashes there, although you should still consider whether there are any local restrictions.
If the land belongs to someone else, you should ask the landowner for permission before scattering ashes.
There may also be specific rules applying to places such as public parks, waterways, beaches, National Trust land or other managed land.
If you are unsure, contact the organisation or landowner responsible for the location before scattering the ashes.
It is also worth considering other people who use the area and the environment when choosing a location.
This information is general guidance for England and Wales and is not legal advice.

If you want to bury ashes on someone else's land, you should get permission from the landowner first.
If you want to bury ashes in a cemetery or churchyard, you will normally need to contact the organisation responsible for the burial ground and follow its rules. There may be a fee and specific requirements about where ashes can be buried and what memorial, if any, can be placed there.
If you own the land yourself, you generally have more freedom, but there can still be planning, environmental or local restrictions depending on the circumstances.
Before making arrangements, check with the relevant landowner, cemetery, church or local authority so you know what permission is required.
This information is general guidance for England and Wales and is not legal advice.

Yes. A funeral does not have to follow one particular format or take place in a traditional funeral venue.
Depending on the circumstances, a funeral or funeral ceremony might take place in:
  • A place of worship
  • A crematorium
  • A cemetery
  • A woodland or natural burial ground
  • A private home
  • A community venue
  • Another location where the owner or relevant authority gives permission
You can also choose to have a ceremony in one location and the burial or cremation take place somewhere else.
There may be practical or legal requirements depending on the location, particularly where the body of the person who has died is being kept or where a burial is taking place.
If you are considering an unusual location, check with the relevant landowner, cemetery, crematorium or local authority beforehand.
This information is general guidance for England and Wales and is not legal advice.
Exhumation means removing human remains from the ground after they have been buried.
If you want to exhume someone's body or cremated remains, you will usually need permission before the remains can be removed.
The permission required depends on where the remains are buried.
For example, if the burial is in a:
  • cemetery or churchyard, you may need an exhumation licence or other permission;
  • consecrated ground, permission from the appropriate church authority may also be required;
  • private land, different rules may apply depending on the circumstances.
An exhumation is not something that should simply be carried out because the family has agreed. There are legal requirements governing when and how human remains can be removed.
If you are considering an exhumation, contact the cemetery, burial authority or relevant church authority first. They can tell you which permissions are required for that particular burial.
This information is general guidance for England and Wales and is not legal advice.
Yes, you can generally take cremated ashes abroad, but the requirements can vary depending on the country you are travelling to and the airline or transport company you are using.
Before travelling, check:
  • the requirements of the country you are travelling to;
  • the requirements of any country you are travelling through;
  • the airline's rules for carrying ashes;
  • what documentation you should carry with you.
You may be asked to provide documents such as the death certificate and cremation certificate. It is also sensible to carry the ashes in a container that can be easily inspected if required.
If you are taking ashes on a flight, contact the airline before travelling. Some airlines have specific requirements about whether ashes can be carried in hand luggage or checked baggage.
If you are bringing ashes into the UK, different requirements may apply depending on where the person died and where the ashes are coming from.
Because international requirements can change, always check the current requirements before you travel.
This information is general guidance and is not legal or travel advice.
If someone has not left clear funeral wishes, the person or people arranging the funeral will generally have to make the decisions about what happens.
This might include decisions about:
  • Burial or cremation
  • The type of funeral or ceremony
  • Where the funeral takes place
  • Who conducts the ceremony
  • What happens to the ashes
  • Whether there is a wake or gathering afterwards
A person does not have to leave detailed instructions for their funeral. However, even simple wishes can make things much easier for the people left behind.
If there is disagreement between relatives about what should happen, the situation can become more complicated. In serious disputes, independent legal advice may be appropriate.
This information is general guidance for England and Wales and is not legal advice.
Family members do not always agree about what should happen after someone dies.
Disagreements might be about:
  • Burial or cremation
  • Where the funeral should take place
  • Who should arrange the funeral
  • What type of ceremony should be held
  • What should happen to the ashes
If the person who died left clear funeral wishes, these can help the family understand what they wanted. However, funeral wishes do not necessarily have the same legal status as provisions in a will.
Where relatives cannot reach an agreement, the situation can become legally complicated. A funeral director may not be able to resolve a serious dispute about who has authority to make decisions.
If an agreement cannot be reached, particularly where there is a dispute about the person's remains, you may need to obtain independent legal advice.
This information is general guidance for England and Wales and is not legal advice.
If you are unhappy with the service you have received from a funeral director, start by raising your concerns directly with the funeral director and ask for their complaints procedure.
Put your complaint in writing where possible and keep copies of any correspondence, quotes, invoices or other relevant documents.
If the funeral director belongs to a professional organisation, such as the National Association of Funeral Directors (NAFD) or National Society of Allied and Independent Funeral Directors (SAIF), you may also be able to use that organisation's complaints process.
If your complaint concerns a specific legal or financial issue, you may need to seek independent advice about your rights and the options available to you.
Don't be afraid to ask questions. You are entitled to understand what you have been charged for and why.
This information is general guidance for England and Wales and is not legal advice.

A funeral director is a private business, so they may decide whether they are able to take on a funeral arrangement.
However, if they refuse to provide their services, you can ask why and contact another funeral director.
If you have already entered into an agreement with a funeral director, the situation may be different. Check the terms and conditions of your agreement and ask the funeral director to explain what happens if you want to end the arrangement.
If you believe you have been treated unfairly or have concerns about the way you have been dealt with, you can make a complaint through the funeral director's complaints procedure and, where applicable, through the relevant professional organisation.
This information is general guidance for England and Wales and is not legal advice.

If you are responsible for making the funeral arrangements, you may be able to make arrangements without every relative being involved, but this can become complicated if another person has a legal interest in the arrangements or objects to what you are doing.
If you know that family members are likely to disagree, it is better to try to establish who has authority to make the arrangements before committing to significant funeral costs.
If there is a serious dispute about who should arrange the funeral, or what should happen to the person's body, seek independent legal advice before proceeding.
A funeral director can explain their own requirements, but they cannot necessarily decide which family member has the legal right to make decisions where there is a dispute.
This information is general guidance for England and Wales and is not legal advice.

Yes. Funeral directors can require payment before the funeral, depending on their terms and the arrangements you have agreed.
Before agreeing to the funeral, ask for a written estimate or quotation showing the expected costs and what is included.
Check whether there are:
  • Funeral director's fees
  • Crematorium or cemetery fees
  • Doctor or medical fees, where applicable
  • Celebrant or officiant fees
  • Coffin or casket costs
  • Transport costs
  • Additional services or optional extras
  • Any deposit or payment required in advance
If the final cost is likely to be different from the original estimate, ask the funeral director to explain why.
Don't be afraid to ask for a full breakdown of the price before agreeing to anything.
This information is general guidance for England and Wales and is not legal advice.
Yes. You should ask for the funeral director's written price information before making a decision.
Funeral directors in England and Wales are required to make their prices available, including a standardised price list showing specified products and services.
You can use this information to compare funeral directors and ask questions about anything you don't understand.
Ask for a clear explanation of:
  • What is included in the funeral director's fee
  • What is charged separately
  • Any third-party costs or disbursements
  • Optional extras
  • Payment arrangements
  • What happens if the arrangements change
You don't have to be embarrassed about asking questions about money. A funeral is a major expense, and you have every right to understand what you are agreeing to.
This information is general guidance for England and Wales and is not legal advice.
Yes, you can ask for changes to the funeral arrangements, but whether there is an additional cost will depend on what has already been arranged and the terms of your agreement with the funeral director.
For example, you may decide to:
  • Change the type of coffin
  • Change the funeral service
  • Change the flowers
  • Change the music or order of service
  • Change the date or time
  • Change from one type of service to another
Some changes may involve additional charges, particularly where the funeral director has already paid third-party costs or made arrangements that cannot easily be changed.
Ask the funeral director what can still be changed and whether there will be any additional cost before confirming the change.
If you are considering cancelling the funeral director's services altogether, ask for a written statement showing what has already been arranged, paid for and what charges may remain.
This information is general guidance for England and Wales and is not legal advice.
If a funeral director stops trading, what happens next can depend on the circumstances and whether you have already paid for the funeral or have a funeral plan.
If you are in the middle of arranging a funeral, contact the business or its appointed administrator/liquidator to find out what arrangements have been made and what happens to any money you have paid.
If you have purchased a pre-paid funeral plan, the position is different. Funeral plans sold in the UK are regulated by the Financial Conduct Authority (FCA), and providers must meet specific requirements.
Keep copies of your:
  • Funeral plan or contract
  • Receipts and payment records
  • Funeral arrangements
  • Correspondence with the provider
If you are unsure what protection applies to you, contact the relevant regulator or seek independent advice.
This information is general guidance for England and Wales and is not legal or financial advice.
If you are worried about paying for a funeral, don't assume that you have to find all the money yourself.
There may be help available depending on your circumstances, including support towards funeral costs through the government.
The funeral may also be paid from money belonging to the person who has died, depending on the circumstances and the arrangements made with their bank or building society.
If there isn't enough money available, speak to the funeral director before agreeing to arrangements you cannot afford. Ask them to explain the costs and what options are available.
You may also want to look at our information about help with funeral costs and Funeral Expenses Payment.
Don't be afraid to say that you cannot afford something. Asking about costs early can prevent additional worry later.
This information is general guidance for England and Wales and is not legal advice.

A funeral can sometimes be delayed or stopped if there is a legal reason why the arrangements cannot proceed.
For example, this might happen if:
  • the coroner needs to investigate the death;
  • there is a dispute about who has authority to make the arrangements;
  • there is a legal issue concerning the burial or cremation; or
  • the necessary paperwork or permissions have not been completed.
A family disagreement by itself does not necessarily mean that a funeral can simply be stopped.
If you are involved in a dispute and the funeral is due to take place soon, get legal advice as quickly as possible. There may be very little time to resolve the matter before the planned funeral.
This information is general guidance for England and Wales and is not legal advice.
Yes, there can be circumstances where someone may be refused access to a funeral or funeral service.
The person arranging the funeral, or the organisation responsible for the venue, may have rules about who can attend. This can be particularly relevant where there are concerns about safety, disruption or serious family disputes.
If the funeral is taking place at a church, crematorium, cemetery or other venue, the venue may also have its own rules.
If you believe you have been unfairly excluded from a funeral, the situation can be difficult to resolve, particularly once the funeral date is close. You may need to seek independent legal advice about your particular circumstances.
This information is general guidance for England and Wales and is not legal advice.

Funeral directors in England and Wales are not currently subject to a single statutory regulator in the same way that some other professions are.
There are professional organisations, including the National Association of Funeral Directors (NAFD) and the National Society of Allied and Independent Funeral Directors (SAIF), which have codes of practice and membership requirements. However, membership of a professional organisation is generally voluntary.
There are also laws and regulations that apply to particular aspects of funerals, including cremation, burial, consumer protection, health and safety and the handling of human remains.
The regulatory position is changing. The Law Commission has been reviewing burial and cremation law and has made recommendations for reform. These recommendations are not the same as changes to the law that are already in force.
This is why it can be useful to ask a funeral director which professional organisation they belong to and what protections or complaints procedures apply to their business.
This information is general guidance for England and Wales and is not legal advice.