Legal News | 18.06.26
Beyond death: new funeral methods
In October 2024, we shared the news that the Law Commission had opened a consultation to review and reform the law of burial. This was followed by a sub-project and supplementary consultation into ‘New Funerary Methods’ released in June 2025 and, earlier this month, the Commission released its final report making certain policy recommendations to regulate this rapidly evolving area.
Currently in England and Wales, traditional burial, burial at sea and cremation are the only regulated funerary methods. Companies however are increasingly developing alternative methods including alkaline hydrolysis (which uses water and alkaline chemicals, and heat, to break down a body into a liquid and bone fragments) and human composting (which involves keeping a body in a controlled environment so that remains are broken down into soil much more quickly than in a burial).
Whilst both these methods are used in the US and alkaline hydrolysis is available in Ireland, Australia and Canada, these new funerary methods are not currently regulated in England and Wales (other than by general laws applying to environmental and planning law). The Commission acknowledge that a clearer regulatory framework is needed for both consumers, who want more choice, as well as the companies developing these services. They recommend that new funerary methods should be defined and regulated separately from existing methods.
The Commission’s report is accompanied by two draft Bills (one for England and one for Wales). Those Bills do not consider any specific new funerary methods but provide a framework that, if adopted, will enable future regulation.
It is very likely that regulatory change in this area is coming but, as the Commission stresses, any changes must be guided by three principles: the protection of the environment; the protection of public health and public safety; and the preservation of human dignity.
If you would like to revisit your own Will (including any burial or cremation wishes), please speak to a member of our Private Client Team.
