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A closer look at burial disputes
PLP probate, inheritance, trusts and tax barristers Marisa Lloyd, Nicola Phillipson and Cait Sweeney look at burial disputes, which a relatively rare but often highly emotive
and complex proceedings.
What can make these proceedings complicated is how there is no law to ensure a person’s own wishes for the disposal of their remains are carried out, frequently leading to burial disputes.
Legal practitioners are going to be discussing this issue over the next few years, and in late 2025 the Law Commission will start work on the rights and obligations relating to funerals and remains.
Marisa, Nicola and Cait look at cases such as Patel v Patel and the circumstances which outline who has the rights of possession of a body and a duty to make disposal and funeral arrangements, as well as costs orders.
The three also examine the current areas of jurisdiction which apply in burial disputes, including Section 116 of the Senior Courts Act 1981 and the Court’s inherent jurisdiction for deciding disposal arrangements.
This was seen in the case of Oldham Metropolitan Borough Council v Makin.
and complex proceedings.
What can make these proceedings complicated is how there is no law to ensure a person’s own wishes for the disposal of their remains are carried out, frequently leading to burial disputes.
Legal practitioners are going to be discussing this issue over the next few years, and in late 2025 the Law Commission will start work on the rights and obligations relating to funerals and remains.
Marisa, Nicola and Cait look at cases such as Patel v Patel and the circumstances which outline who has the rights of possession of a body and a duty to make disposal and funeral arrangements, as well as costs orders.
The three also examine the current areas of jurisdiction which apply in burial disputes, including Section 116 of the Senior Courts Act 1981 and the Court’s inherent jurisdiction for deciding disposal arrangements.
This was seen in the case of Oldham Metropolitan Borough Council v Makin.
/
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By Parklane PlowdenPLP probate, inheritance, trusts and tax barristers Marisa Lloyd, Nicola Phillipson and Cait Sweeney look at burial disputes, which a relatively rare but often highly emotive
and complex proceedings.
What can make these proceedings complicated is how there is no law to ensure a person’s own wishes for the disposal of their remains are carried out, frequently leading to burial disputes.
Legal practitioners are going to be discussing this issue over the next few years, and in late 2025 the Law Commission will start work on the rights and obligations relating to funerals and remains.
Marisa, Nicola and Cait look at cases such as Patel v Patel and the circumstances which outline who has the rights of possession of a body and a duty to make disposal and funeral arrangements, as well as costs orders.
The three also examine the current areas of jurisdiction which apply in burial disputes, including Section 116 of the Senior Courts Act 1981 and the Court’s inherent jurisdiction for deciding disposal arrangements.
This was seen in the case of Oldham Metropolitan Borough Council v Makin.
and complex proceedings.
What can make these proceedings complicated is how there is no law to ensure a person’s own wishes for the disposal of their remains are carried out, frequently leading to burial disputes.
Legal practitioners are going to be discussing this issue over the next few years, and in late 2025 the Law Commission will start work on the rights and obligations relating to funerals and remains.
Marisa, Nicola and Cait look at cases such as Patel v Patel and the circumstances which outline who has the rights of possession of a body and a duty to make disposal and funeral arrangements, as well as costs orders.
The three also examine the current areas of jurisdiction which apply in burial disputes, including Section 116 of the Senior Courts Act 1981 and the Court’s inherent jurisdiction for deciding disposal arrangements.
This was seen in the case of Oldham Metropolitan Borough Council v Makin.
/