If no one else wants to make the funeral arrangements, there is usually no need to consider the information set out below. However, if there is a chance that someone might object to you arranging the funeral, you should consider the following questions to satisfy yourself that you are entitled to do so, before proceeding to make the arrangement. If you are in doubt that you are the right person to make the funeral arrangements and are unable to reach agreement, you may wish to take independent legal advice before proceeding.
If the person who has died is an adult (aged 16 or over):
Did the person who has died make an Arrangements on Death Declaration?
If it can be demonstrated that the person who has died expressed a wish that a particular person should be responsible for arranging their funeral, this person is entitled to make the arrangements. The most common place to find such an expression is as part of the person’s Will. If someone other than you was named by the person who has died, you should only arrange the funeral with this person’s agreement.
The person who has died did not make an Arrangements on Death Declaration
In these circumstances, we can offer the following advice, depending on your relationship to the person who has died:
If you are the husband, wife or civil partner of the person who has died, you are most likely the right person to make the funeral arrangements.
If the person who has died was not married but you lived together in the same way as a married couple when they died, you are most likely the right person to make the funeral arrangements (if you lived together for at least 6 months before the date of death).
If you are the child of the person who has died and the person who has died was married, in a civil partnership or living with a long-term partner when they died, this person is likely to have priority over you. We advise that you check with them before arranging the funeral. If you have any brothers or sisters it is advisable to get agreement from them before making the funeral arrangements. If you can’t agree on the arrangements, you can still arrange the funeral but there is a chance that one of them could ask the court to allow them to make the arrangements instead.
If you are the parent of the person who has died, you should check with any spouse/civil partner, long term partner and children of the person who has died before making the funeral arrangements. If the other parent of the person who has died is contactable, it is advisable to get agreement from them before making the funeral arrangements. If you can’t agree on the arrangements, you can still arrange the funeral but there is a chance that they could apply to the court to allow them to make the arrangements instead.
If you are the brother or sister of the person who has died, you should check with any spouse/civil partner, long term partner, children and parents of the person who has dies before making the funeral arrangements. If you have any other brothers or sisters it is advisable to get agreement from them before making the funeral arrangements. If you can’t agree on the arrangements, you can still arrange the funeral but there is a chance that one of them could apply to the court to allow them to make the arrangements instead.
The legal hierarchy of who should arrange a funeral is:
- A person identified in arrangements on death declaration of the person who has died
- The husband, wife or civil partner of the person who has died
- The long term partner of the person who has died (they must have been living together for at least 6 months)
- The children of the person who has died
- The parents of the person who has died
- The brothers and sisters of the person who has died (siblings by one parent are treated the same as siblings by both parents)
- The grandparents of the person who has died Uncles and aunts of the person who has died
- The cousins of the person who has died
- The nieces and nephews of the person who has died
- A long-standing friend of the person who has died