A Practical Guide to the Law in Relation to Control of the Body After Death

Disputes over control of a body or ashes, and the arrangements for funerals or headstones/memorials are not encountered on a daily basis in practice, but when they do appear, it is usually at the 11th hour, with clients needing advice at very short notice due to imminent burials or cremations.

This practical guide aims to provide the busy practitioner with the knowledge required to provide advice so that the necessary steps can be taken quickly. The book covers the issues of who has the right to call for possession of the body, who can decide as to where bodies should be buried, ashes scatter or interred, and who has the final say over gravestones or memorials.

ABOUT THE AUTHOR

Nicola Phillipson TEP is a private client barrister at Parklane Plowden Chambers in Leeds whose practice encompasses probate and inheritance disputes. Nicola also sits as a Recorder and a Deputy District Judge on the North Eastern Circuit, and is a full member of STEP (Society of Trusts and Estate Practitioners). In 2020 Nicola was recognised as a Leading Junior by Legal 500 and was ranked in Band 2 in Chambers and Partners.

CONTENTS

Introduction

1. Possession of the Body

2. The Duty to Properly Dispose of a Body

3. Applications to the Court (Practice and Procedure)

4. Applications to the Court (Factors for the Court to Consider)

5. Funeral and Disposal Disputes

6. Ashes and Cremation

7. Exhumation of Bodies and Ashes

8. Headstones and Memorials

9. Costs