Who Makes Funeral & Probate Decisions When Someone Dies?

Are funeral wishes legally binding?

In England and Wales, funeral wishes set out in a Will or funeral plan are not legally binding. 

For example, if the deceased wished to be buried or cremated, this can in fact be disregarded without any laws being broken. That said, most funeral wishes are adhered to and honoured, out of respect and in memory of the deceased wishes. 

What if the family disagrees on funeral plans? 

It is not uncommon for family members to disagree about funeral arrangements, creating disputes and making an already stressful time worse. It’s advisable to try and work through any disagreements you may have, or this will carry on through the Probate process. 

If the deceased made a Will, the final say will reside with the Executor(s). If multiple Executors have been named, those who wish to act will have an equal say when making decisions.

Sometimes Executors are not family members; as you can name anyone you want as an Executor of your Will and they don’t have to be relatives.

If the deceased didn’t make a Will, Inheritance laws called the Rules of Intestacy will determine who is entitled to act as the Administrator of an Estate. The Rules of Intestacy place relatives of the deceased in order of priority, starting with their spouse or civil partner, then their children, and so on.

What if an Executor is not a family member? 

If the named Executor isn’t a close relative of the deceased usually the Executor would simply step aside and leave the family to make the funeral arrangements.

However, if a dispute arises between family members and the arrangements cannot be agreed on, the Executor (provided they have acted reasonably – with consideration and not on a whim), still legally has the final say, even if this means overruling the wishes of the immediate family.

What about the funeral costs?

Funeral costs can generally be recouped out of the assets left behind by the deceased (known as their ‘Estate’). Sometimes however, a person may die without leaving enough money to pay for a funeral. If this happens, then relatives would normally be expected to meet the costs. Funeral directors and companies should be happy to give you a quote and include all the details included in the cost of the funeral; helping you to budget.

If the deceased had a funeral or life insurance policy, that will pay out for any funeral costs incurred. Some workplace or personal pension schemes also offer a lump sum payment towards funeral expenses; so be sure to check. 

Be mindful that when a bank is notified of a customer’s death, it may temporarily freeze their bank account. However, many banks are prepared to release funds to help pay for a funeral. 

I can’t afford to pay the cost of a funeral…

Funerals can be expensive and their costs have generally risen year on year. If you and the deceased’s relatives are on low incomes and can’t afford to pay the cost of a funeral, there is help. The government have what is known as “The Social Fund”, which can provide some money to go towards the funeral costs.

There is qualifying criteria that must be met to receive help with the funeral costs; you can find more information about this criteria from the Citizens Advice Bureau here. 

I need some more advice…

MTLS will listen to your needs and be able to offer professional, legal advice regarding your personal situation. As a member of the Institute of Professional Will Writers, you can be sure that you’re in good hands when you employ MT Legal Services.

If you are looking to make a Will, contact us for your FREE consultation:

T: 01604 591242

E: mark@mtls.co.uk