Legal News | 7.05.26
Family disagreements over funeral arrangements
Dealing with a loved one’s body after their death can raise sensitive and complex issues, particularly when family members disagree about their loved one’s burial wishes and what the best course of action might be.
In the recent High Court case of Godwin v Godwin [2026] EWHC 923 Ch, two sons could not agree on what to do with their father’s body after his death and so they called upon the Court to decide how to dispose of their father’s remains. In the case, one son favoured a Church of England burial (open for anyone to attend), the other son objected. At an already emotional time, disputes of this nature can not only be time-consuming and expensive to resolve, but they may also irreparably damage relationships between family members and loved ones.
It is a long-established principle in English law that no one can own a deceased’s body and no one person can claim rights over it. Instead, the law recognises a duty and right of possession for the limited purpose of disposing of a body (e.g. burial or cremation). This duty generally lies with the personal representatives of the deceased (e.g. your executor).
Where those responsible cannot agree and conflict arises, the Court’s overriding concern is that the body is disposed of with respect and dignity. In deciding the issue, the Court may look for any wishes the deceased had, the wishes of close family and friends, as well as the practicalities of a certain course of action.
Court involvement is however regrettable and although an uncomfortable subject, the Godwin case illustrates the importance of clear planning and communication with family and close friends. Setting out your burial (or cremation) wishes in a Will or side letter of wishes addressed to your personal representatives could provide crucial guidance to help prevent unpleasant disputes arising after your death.
If you would like to discuss your own estate planning, please contact the Private Client Team at Wansbroughs at wealth@wansbroughs.com.
