Organising a funeral can feel overwhelming if you’ve never done it before

Losing someone you love can be one of the most difficult experiences you have to go through. Planning their funeral is an important, emotional requirement that can seem especially overwhelming. However, to help you navigate this process, it’s worth taking the time to understand the legal aspects involved in funeral planning.

By having this knowledge, you will know what to do and when. Thus enabling you to carry out everything that you need to while honouring the person you cared about.

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Understanding the legal side of funerals

Planning a funeral involves meeting several legal requirements. These are designed to ensure that the process is smooth and in accordance with the law.

As well as understanding the legal process, it’s important to be aware of changes and developments. For instance, in the last few years we’ve seen changes in the way the Financial Conduct Authority (FCA) regulates pre-paid funeral plans. This type of update can help you to understand the rules and your rights around funerals.

Here’s a guide to some of the key legal aspects:

1. Death registration

It is a legal obligation to register a death within a specific timeframe. In England, Wales and Northern Ireland, this must be done within five days. In Scotland, you have eight days.

To register the death, you’ll need to provide certain documents, including the medical certificate of the cause of death and, if available, the deceased’s birth certificate, marriage or civil partnership certificate, and NHS medical card.

Once you’ve registered their death, you’ll receive a death certificate and a ‘green form’, which is the Certificate for Burial or Cremation, from the registrar. This permits the funeral to proceed, and you’ll need to give the form to the funeral director.

2. Executor’s responsibilities

The executor, who is named in the deceased person’s will, holds the legal authority to manage the estate, which includes arranging the funeral.

Their duties include organising the funeral so that it’s in line with the known wishes of the deceased. They also must manage funeral costs and ensure all legal requirements are met. It’s important to note that while the executor is responsible for funeral arrangements, they must also settle the associated expenses from the estate’s assets.

3. Funeral arrangements

Legally, there is no requirement to hold a funeral in the UK. However, the death must be registered, and the deceased must be buried or cremated. Also, there is no legal requirement to use a coffin for burial or cremation – a shroud or other appropriate covering is acceptable.

When opting for cremation, additional paperwork is necessary, including completing cremation application forms and obtaining medical certificates confirming the cause of death. This applies for all types of cremation services, including unattended cremations.

4. Financial considerations

The executor is legally responsible for ensuring that funeral costs are paid, typically using funds from the deceased’s estate. In cases where the estate lacks sufficient funds, family members may need to contribute to cover the costs.

If the deceased had a pre-paid funeral plan, it’s essential to verify that the provider is authorised by the FCA. This is a regulation that was introduced in 2022 that aims to protect consumers from potential misconduct and ensures that funeral funds are managed appropriately.

5. Disputes and legal challenges

Disagreements can occur among family members regarding funeral arrangements. This is a highly emotional time and it’s understandable that there may be some discord. Especially if the wishes of the person who has passed were not explicitly documented while they were alive.

While funeral wishes expressed in a will are not legally binding, they do provide clear guidance. So it’s typical to follow these wishes. Therefore, in situations where this has not happened and in the case of disputes that cannot be resolved amicably, it may be necessary to seek legal advice or court intervention to determine the appropriate course of action.

Understanding the legal aspects of funeral planning is essential. This ensures that all procedures are carried out lawfully and respectfully. By familiarising yourself with what’s legally required, you can work through the funeral arrangements effectively and focus on celebrating the life of the person you cared for.