Get in touch

Fill in the form below and we'll get straight back to you

Burial and Funeral Disputes

Helping you resolve sensitive burial and funeral disputes with clarity, compassion and expert legal support.

arrow Find an Expert
dots

Clarity in a complex world.

When a loved one passes away, disagreements over funeral or burial arrangements can add further distress to an already emotional time. Whether it’s about where someone should be laid to rest, how their body should be handled, or what their final wishes were - we’re here to help you find a way forward.

Why do these disputes arise?

Disputes often occur when:

  • There’s no Will, or the Will doesn’t clearly state funeral wishes
  • Family members disagree with the wishes that have been recorded
  • Multiple people have equal rights to make decisions under the Rules of Intestacy
  • There’s confusion over who has the legal authority to decide

Contrary to popular belief, “next of kin” is not a legally recognised role. The person legally entitled to make decisions about the funeral or burial is usually the Executor (if there’s a Will) or the Personal Representative (if there isn’t).

 


 

Who has the right to decide?

If there’s no Will, the order of priority under the Rules of Intestacy is:

1.    Surviving spouse or civil partner
2.    Children
3.    Parents
4.    Siblings
5.    Grandparents
6.    Aunts and uncles

Within each group, all individuals have equal standing — which can lead to disputes if they don’t agree.

 



How we can help

Our burial and funeral dispute lawyers can:

  • Advise you on your rights and responsibilities
  • Help you resolve disagreements through mediation
  • Apply to the court for an order to determine who should make the final decisions
  • Support you with sensitivity and clarity throughout the process

 


 

Our experience includes:

  • Resolving a burial dispute between two children of the deceased
  • Advising on a disagreement over the handling of ashes
  • Representing a client at mediation and reaching a successful resolution

If you’re facing a dispute about funeral or burial arrangements, we’re here to help you find a respectful and legally sound solution.

Why Choose Porter Dodson?

  • Recognised excellence – Ranked in both The Legal 500 and Chambers & Partners for our expertise in private client services.
  • A dedicated team - specialising in Contentious Wills, Trusts and Estates.
  • Clear, compassionate advice – We speak your language, not legal jargon, and tailor our guidance to your personal circumstances.
  • Flexible funding options - including No Win, No Fee arrangements in appropriate cases.
Chris Green - 3rd Nov 2025 - 485x425

For legal advice on any Contentious Wills, Trusts and Estates

arrow Get in touch
dots
quotes

Thank you for arranging our meeting with Ralph who was terrific. We learned a lot and feel much happier as a result.

Mr & Mrs F

Thank you so much for all of your help and support throughout this. As I’m sure you appreciate, it has been extremely tough, and it has been reassuring knowing you have been there.

Ms B

All the staff that we have had contact with at Porter Dodson (Yeovil/Taunton branches) have been efficient and provided a good service. Danielle Luke dealt with a complicated case of a Removal of Trustee for us. Any queries were dealt with promptly, communication was clear and the legal jargon was decoded for us. Special thanks to Chris Green for his help on this matter.

Fiona

All the staff that we have had contact with at Porter Dodson (Yeovil/Taunton branches) have been efficient and provided a good service. Danielle Luke dealt with a complicated case of a Removal of Trustee for us. Any queries were dealt with promptly, communication was clear and the legal jargon was decoded for us. Special thanks to Chris Green for his help on this matter.

Fiona

Legal Awards and Accreditations

award-1
UK_Leading_firm_2026_FOR WEB
Firm Logo 200px-1
Investors In People - Awards 2025 - Finalist 200px
Dasls awards Winner Badge 200px
investor-in-people-gold-home