Who has the authority to make decisions about a funeral?
Here at Tyndallwoods our Private Client Team is needing to deal with increasing queries that relate to who has the authority in relation to arranging a funeral.
Earlier this month the High Court ruled concerning “Possession of body where deceased domiciled outside England and Wales”
The High Court granted letters of administration (like a Grant of Probate but where there is no Will) allowing the daughter and partner of a deceased Filipino congressman to take possession of his body and arrange his funeral, contrary to the wishes of his estranged second wife.
While the daughter had a right to possession of the body as the administrator of her father’s estate, the court exercised its power under section 116 of the Senior Courts Act 1981 to appoint the partner to act as administrator jointly with the daughter. There were special circumstances allowing this because the law of the deceased’s domicile (the Philippines) gave precedence to the deceased’s wish that his partner should make the arrangements and the daughter accepted this.
This case shows how the court approaches the question of entitlement to possession of a deceased’s body where the deceased was domiciled outside England and Wales. The decision also confirms that a deceased’s personal representatives (executors or administrators) are entitled to have regard to the deceased’s wishes but are not bound by them. Peter Smith J held that there was no further application of human rights concepts, such as freedom of religion or the right to a private and family life.
We are happy to discuss your funeral wishes with you and we encourage you to include them in your Will or a letter of wishes. We always support you to consider the non-financial aspects of your Will to ensure matters proceed as smoothly as possible at what is already an incredibly difficult time for your family and friends.
If you would like to talk about this issue, please get in touch.
Judy Dyke TEP
Partner and Head of the Private Client Team
t: 0121 693 2222
e: click here