What happens to your body after death, and who decides whether you are buried or cremated? Many people assume they have the final say. In England and Wales, however, your wishes are not legally binding. This guide explains who has the right to make funeral arrangements, the main funeral options, and how to record your wishes so they are more likely to be followed.
Who decides what happens to your body after death?
The law does not treat a body as property that you can leave in your Will. Instead, the duty to arrange a funeral and the disposal of the body falls mainly on your personal representatives. These are the executors named in your Will or, if there is no valid Will, the people entitled to act as administrators under the intestacy rules. This is often, but not always, the closest relative.
Your executors are not legally bound by your wishes for your body after death. Even so, most executors want to honour them, so recording your wishes clearly is still very worthwhile.
What if no one makes arrangements?
Sometimes no family member or personal representative is able or willing to arrange a funeral. In that case, the local authority has a duty under the Public Health (Control of Disease) Act 1984 to arrange a burial or cremation. If the person died in hospital, the NHS trust may make the arrangements instead. These are fallback rules for when no one else acts. They do not mean the council or hospital takes over when family are available.
Disagreements about a funeral
Families sometimes disagree about burial or cremation, or about where ashes should go. If a dispute cannot be resolved, the court can be asked to decide. It will usually give weight to the personal representatives and take into account the deceased person’s wishes, the views of the family and any religious or cultural factors. Clear written wishes and a good choice of executor reduce the chance of this happening.
Funeral options
Cremation
Cremation is the most common choice in the UK. A service can take place at the crematorium, a place of worship or elsewhere beforehand. Afterwards, the family receives the ashes and can scatter them, bury them or keep them. If you would like your ashes scattered somewhere specific, say so, and check whether the landowner’s permission is needed.
Burial
Burial remains important to many people, often for religious or cultural reasons. It can take place in a churchyard, a council or private cemetery, or a natural burial ground. Burial usually costs more than cremation because of the grave and any headstone. However, it offers a permanent place to visit.
Natural and woodland burial
Natural burial grounds use meadows or woodland instead of traditional cemeteries. Typically, they require biodegradable coffins or shrouds, and graves are marked with a tree or plant rather than a headstone. Some sites also allow burial without a coffin, so check their rules.
Direct cremation
Direct cremation means a cremation without a service or mourners present. It is usually the lowest-cost option. Many families then hold a separate memorial at a time and place of their choosing.
Humanist and other personal funerals
A humanist or non-religious funeral focuses on the person’s life, values and relationships, and can be held almost anywhere. Funerals no longer have to follow one pattern. For example, some people ask mourners to wear bright colours or choose a favourite piece of music. Others prefer a quiet, simple service.
Burial at sea
Burial at sea is possible but uncommon. In England, it needs a licence from the Marine Management Organisation and can only take place at a small number of approved sites. Scattering ashes at sea is much simpler and does not need a licence.
Organ and body donation
England and Wales both have an opt-out system for organ donation. Wales introduced it in December 2015 and England in May 2020. So most adults are considered to have agreed to donate unless they have recorded a decision not to, or they fall into an excluded group. For example, people under 18 and those who lack capacity to understand the system are excluded. Your family will still be consulted, so tell them what you want. You can record your choice on the NHS Organ Donor Register.
If you would like to leave your body for medical education or research, you must give written and witnessed consent yourself during your lifetime. A wish in your Will alone is not enough. Contact a medical school directly, and keep a back-up plan for your funeral, because not every donation can be accepted.
Cultural and religious considerations
Some faiths require burial within a short time after death. However, where a death has to be reported to a coroner, a post-mortem examination may be needed first. Coroners will often try to accommodate religious requirements where they can. Recording your faith and wishes clearly helps your family raise this quickly.
Paying for a funeral
Funeral costs vary widely depending on where you live and what you choose. In general, direct cremation costs least and a traditional burial with a headstone costs most. Funeral directors must publish their prices, so it is worth comparing a few. Your executors can usually use money from your estate to pay a reasonable funeral bill, and banks will often release funds for this before probate.
Some people pay in advance with a pre-paid funeral plan. Since 29 July 2022, funeral plan providers must be authorised and regulated by the Financial Conduct Authority (FCA). So if you are considering a plan, check the provider is on the FCA register and read carefully what is and is not included. Funeral insurance and other savings products are different, so understand what you are buying. A.D.E. Wills does not sell, recommend or advise on funeral plans or other financial products. Where you need advice, we can refer you to an appropriate professional.
GOV.UK has more on what to do after someone dies, including arranging a funeral and help with funeral costs.
How to record your wishes for your body after death
Nobody can promise your wishes will be followed. However, these steps make it far more likely:
- Include funeral wishes in your Will. Your Will can state whether you would like a burial or cremation and any other preferences. It is not binding, but it gives your executors clear guidance.
- Write a letter of wishes. A separate letter can set out more detail, such as music, readings or where you would like your ashes scattered. It is also easy to update.
- Talk to your family and executors. Your Will may not be read until after the funeral, so make sure the people involved know your wishes and where to find them.
- Choose executors you trust. Because executors have the main say, it helps to appoint people who will respect your wishes.
- Keep paperwork together. Keep details of any funeral plan and your organ donation decision where your executors can find them, and review your wishes after major life events.
Frequently asked questions
Can I be buried without a coffin?
Yes, at some natural burial grounds. Check each site’s rules first.
Can a family arrange a funeral without a funeral director?
Yes. Families can arrange a funeral themselves, although there are rules to follow, for example on registering the death and on burial or cremation paperwork.
How soon after death does a funeral usually take place?
Often within two to three weeks, although it depends on availability, any coroner involvement and religious customs.
Recording your wishes with A.D.E. Wills
When Edward prepares your Will, he can include your funeral wishes and help you choose executors you trust to follow them. For Wills we write, a separate Letter of Wishes is also available if you want to give more detail. Your initial chat is free and can be online or over the phone. Call 01865 507174 or email info@adewills.co.uk. You can read more about our Will writing service, and see Wills Pricing for our fixed fees.
