Parklane Plowden Podcast – A closer look at burial disputes
Listen to Parklane Plowden’s latest PLP Podcast – A closer look at burial disputes
PLP probate, inheritance, trusts and tax barristers Marisa Lloyd, Nicola Phillipson and Cait Sweeney look at burial disputes, which are relatively rare but often highly emotive and complex proceedings families can go through.
What can make it complicated is how the law doesn’t currently exist which ensures a person’s own wishes as to the disposal of their remains are carried out, frequently leading to burial disputes.
Legal practitioners are going to be discussing this issue over the next few years, and in late 2025 the Law Commission will start work on the rights and obligations relating to funerals and remains.
Marisa, Nicola and Cait look at cases such as Patel v Patel and the circumstances which outline who have the rights of possession of a body and has a duty to make disposal and funeral arrangements as well as costs orders.
The three also examine the current areas of jurisdiction which apply in burial disputes, including Section 116 of the Senior Courts Act 1981 and the court’s inherent jurisdiction for deciding disposal arrangements. This was seen in the case of Oldham Metropolitan Borough Council v Makin.
Listen to the podcast below:
Helpful resources and further reading:
- Ashes, Funerals and Family Conflict – an article by Nicola Phillipson
- ‘A Practical Guide to the Law in Relation to Presumption of Death and Guardianship Orders’ by Nicola Phillipson
