Rights and obligations relating to funerary methods, funerals and remains
Establishing whether a person’s wishes about what happens to their body after death should be binding, and who should have rights and obligations in relation to bodies in other cases.
Main project: Burial, cremation, and new funerary methods
Problem (Back to top)
At present the decisions that a person makes about what happens to their body after they die are not binding, although they may be afforded some weight. This strand of the Burial, Cremation and New Funerary Methods project will consider whether such decisions should be made binding, and will look at the different ways in which they could be given effect.
The current rules about who has the right to make a decision about the body of a deceased person can result in disputes between family members. The project will consider who should have the right to make decisions about a body and the funeral, how disputes should be resolved, and who is responsible for making arrangements for a body after death.
In addressing this issue, the project will also consider the legal status of human remains, including those which are created as a result of new funerary methods.
There is also a lack of clarity when it comes to the standards which apply to public health funerals, which local authorities have a duty to conduct when it appears that no other suitable arrangements will be made. We have heard that this results in a patchwork of provision.
Project (Back to top)
Background
This project forms part of a wide-ranging review into Burial, Cremation and New Funerary Methods.
Due to scope, we have split this initial programme of work into 3 different projects. You can find information about them in the related projects section on this page.
About
We are planning to start active work on this project by the end of 2025 and finish at the end of 2027. A report will be published alongside a draft Bill which will also incorporate reforms to burial and cremation law.
Documents (Back to top)
There are no documents published as part of this project currently.
Updates (Back to top)
There are no updates on this project currently.