Burial disputes can be very distressing, especially as by nature they take place so soon after the death of the person in question. This means that it’s important you take action quickly if you are engaged in a burial dispute and think that you have grounds to have your opinion considered.
As the name suggests, burial disputes arise when people cannot agree how or where to bury the body of the diseased. Many people state their wishes for burial or cremation in their will, but these wishes are not binding and so disputes can sometimes arise.
Usually, it is the executor of the will of the diseased, or their nominated personal representative, who has the power to dispose of the body. This is in contrast to the general assumption that it is the next of kin of the diseased with the authority to do this.
This means that unless you can prove that the executor of the will (or personal representative in cases where there is no will) is acting unreasonably in their decisions, it will be hard for you to challenge what they decide. However, in some cases it may be possible for you to get an interim injunction from the relevant court. This stops the burial going ahead while you resolve your disputes. This is really best avoided if at all possible – it’s incredibly distressing for all involved, not to mention expensive. So, if you possibly can, it’s definitely best if you can work out your differences together without legal action. In particular it is well worth considering if the deceased would really have wanted to see a distressing legal case being fought over their burial by those they loved and left behind.
However if you do think you really have no option but to take legal action, you will need do this as soon as possible – as you will need to get your interim injunction in position before the funeral of the diseased takes place.
Involved in a Burial Dispute? Contact us today
Wherever you live in England and Wales, if you are worried about a burial dispute, our specialist inheritance lawyers are here to help. We can advise you by e-mail, phone or Skype – or in a face-to-face meeting you in our offices in Wiltshire, Dorset and Hampshire
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