Funeral Arrangements – Judicial Guidance in Patel V Patel (2025)

The death of a loved one is stressful and emotional enough without having to argue over funeral arrangements.

In most cases, these issues should be resolved amicably between the parties as it becomes disproportionate to get lawyers involved.

Court proceedings are usually reserved for more substantial disputes involving the estate.

But in a recent case, the parties did go as far as taking a despite over funeral arrangements to court who were called upon to provide guidance.

Patel v Patel (2025)

Mr Bhikhubhai Rambhai Patel made a will on 22 December 1993. Anilkumar Patel and Jayaben Patel, his surviving son and daughter were appointed as executors, trustees and beneficiaries of his estate.

He died on 30 December 2024

The application was issued at court on 4 February and heard on 11 March 2025 by His Honour Judge Paul Matthews in the High Court of Justice.

Anilkumar wanted his father’s body to be cremated and his ashes scattered in England. Jayaben wanted her father’s body to buried in India.

There was no less than 5 witnesses whose evidence was produced.

The starting point is that a personal representative has a legal right to the possession of a body for the purposes of the funeral as established in Buchanan v Milton (1999)

There is no right of ownership in a dead body. However, there is a duty at common law to arrange for its proper disposal. This duty falls primarily upon the personal representatives of the deceased…An executor appointed by will is entitled to obtain possession of the body for that purpose…even before there has been a grant of Probate. Where there is no executor that same duty falls upon the administrators of the estate, but they may not be able to obtain an injunction for delivery of the body before the grant of letters of administration.

However, the court also has statutory powers under section 116 of the Senior Court Act 1981 to

• appoint someone else as personal representation and/or
• limit any grant as they see fit

In additional, the powers of a personal representative is subject to the inherent jurisdiction of the court as provided in the case of Oldham Metropolitan Borough Council v Makin (2018):

In my judgment, the court does have an inherent jurisdiction to direct how the body of a deceased person should be disposed of. The court will normally, as I have said, be deciding between the competing wishes of different sets of relatives, and will only need to decide who should be responsible for disposal rather than what method of disposal should be employed. I cannot see, however, why the court’s inherent jurisdiction over estates is not sufficiently extensive to allow it, in a proper case, to give directions as to the method by which a deceased’s body should be disposed of. In my view, it is.

The fact that the children could not agree was determined to be a ‘special circumstance’ to justify a limited intervention

The judge went through a summary of relevant cases where funeral arrangements was the subjection of litigation.

The judge decided in Anilkumar’a favour due to the following factors:

• the deceased had lived in England for 70 years where he was most closely connected to
• the deceased’s late wife was cremated and ashes scattered in England
• this was in line with the view of the majority of the family and Hindu rituals
• taking the body to India for a funeral would take longer and incur more costs

Final Words

Each type of these cases will turn on their individual facts and depend on a number cultural, social and religious considerations.

It is obviously a shame when issues arise which cannot be resolved without resorting to litigation incurring substantial costs which diminishes the available assets for distribution, but also prolongs the grieving process for loved ones.

In order to try to minimise these types of disputes arising it is advisable to consider some of the following steps:

• specify your wishes in a will and/or letter of wishes to accompany a will (although the court in this case did say that he may have overridden the deceased’s wishes in any event as the wishes of the wider family have a great weight. Their needs are the needs of the living. It is they who attend the funeral, and must grieve and remember. The funeral gives them both comfort and closure
• discuss this with your family and close ones so this can be agreed in advance
• make prearrangements for the funeral

If you are facing a disagreement over funeral arrangements or need guidance on your legal responsibilities as an executor or administrator, our Dispute Resolution team can provide clear, compassionate advice to help you navigate this sensitive area. To speak to one of our legal experts, call 0330 822 3451 or request a callback.