Funeral Law & Your Rights

When someone dies, there can be a lot of decisions to make — and sometimes disagreements, questions or worries about what you are legally allowed to do.

Funeral law can feel complicated, but you don't need to understand every piece of legislation to know where you stand.

This section explains some of the key legal issues surrounding funerals, cremation, burial, funeral directors, ashes and paying for a funeral, using clear and straightforward language.

Know your rights

There are rules governing what happens after someone dies, but there are also areas where families have choices.

You may have questions such as:

• Who has the right to arrange a funeral?
• Do I have to use a funeral director?
• Who is responsible for paying?
• What happens if family members disagree?
• What happens to someone's ashes?
• Can I change funeral directors?
• What should I expect from a funeral director?
• What can I do if something goes wrong?

We've brought together information about some of the most common questions people have, so you can understand the basics before making decisions.

This isn't about knowing all the legal jargon

You may come across words and terms that you've never heard before. That's normal.

The aim of The Funeral Companion is to explain what those terms mean and, where possible, point you towards the official information or organisations that can help.

If something is complicated or your circumstances are unusual, you may need specialist legal advice. You should never feel that you have to work everything out on your own.

What's covered?

Use the links below to explore the different areas of funeral law and your rights:

Your rights when arranging a funeral

Who can arrange a funeral, what choices you have and what you need to know.

Funeral directors and your rights

Questions about choosing, changing or making a complaint about a funeral director.

Paying for a funeral

Who may be responsible for the costs and what can happen when there isn't enough money available.

Burial and cremation

Some of the legal rules and practical considerations surrounding burial and cremation.

Ashes and what happens to them

Questions about who can make decisions about ashes, keeping them, moving them and scattering them.

When families disagree

What can happen when relatives have different wishes about the funeral or what happens to the person who has died.

Coroners and legal investigations

What changes when a death is referred to the coroner and why this can sometimes delay funeral arrangements.

Funeral plans and consumer rights

What to consider if a funeral plan exists and where to go if you have concerns.

Complaints and getting help

What you can do if you believe something has gone wrong.

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.

The Funeral Companion aims to help you understand the questions you may need to ask — not tell you what legal decision you must make.