Burial disputes: Dead & buried?

• Ownership of a body.
• Ownership of ashes.
• Intervention of the court in burial disputes.
• Location of the burial.

The changing nature of society has led to disputes regarding funerals and the burial/cremation of bodies becoming more prevalent. The increase in second and third families, more dispersed families and more complex family relationships are some of the factors behind what appears to be an increase in disputes regarding bodies.

The death of a family member can bring out hidden rivalries and differing views as to the deceased’s wishes on a number of areas including funeral and burial arrangements, particularly if the deceased did not clearly set out their intentions.

Ownership of a body

When it comes to burial disputes the question of ownership of the deceased’s body often arises.

It was established in the case of R v Sharpe (1857) 21 JP 86 that the ‘law recognises no property in a corpse’. This was later cited in