The body and burial disputes
Produced in partnership with Jonathan Edwards
The body and burial disputes

The following Wills & Probate guidance note Produced in partnership with Jonathan Edwards provides comprehensive and up to date legal information covering:

  • The body and burial disputes
  • Entitlement to possession of a corpse
  • The deceased’s ability to enforce their wishes
  • Personal representatives with disputed status or who cannot agree
  • Displacing the personal representative’s role
  • Orders during the deceased’s lifetime
  • Transportation outside the jurisdiction
  • Timing
  • Unusual methods of disposal
  • Ceremonies
  • more

Coronavirus (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate registrars to allow statements of truth to be used in place of affidavits for non-contentious probate applications and processes during the coronavirus pandemic. The relevant rules which are affected by the guidance are: Non-Contentious Probate Rules 1987, SI 1987/2024, rr 12(1), 16, 19, 25(2), 26, 32(2), 44(12), 46(2), 46(4), 47(4), 47(6), 48(2)(a), 50(2), 51, 52, 53, 54(3) and 55(2). The guidance was due to expire on 30 July 2020, however it has been extended to 30 October 2020 due to the ‘continuing challenges facing courts and practitioners in making paper-based probat