Burial & Funeral Disputes - Difficult Issues Explored

Introduction

Legal disputes about burial and funeral arrangements present challenges for both judges and lawyers.

Where the parties are family members of the deceased, the disputes emerge at a time of grief.

They concern matters which are deeply personal and often carry great emotional weight, and which do not lend themselves to methodical analysis.

As it is not money or property that is at stake, these disputes are not straightforward to compromise either.

Such disputes require sensitive handling, in striving to find a solution other than one imposed by a judge where possible, and in ensuring that the client’s position is presented effectively to assist the judge in making a decision that meets the client’s main objectives.

It is also important for clients to have realistic expectations of how the court will seek to resolve the matter, which requires an understanding of how the principles have been applied in the reported cases.

This new virtual classroom seminar explores the case law in this niche but difficult area and focuses on practical advice for correspondence and for the preparation of evidence.

The primary focus is on disagreements between family members about such matters as the place of interment, whether burial or some other method should be adopted, and the style of the headstone or other memorial.

However, cases on less common issues are also covered.

What You Will Learn

This live and interactive session will cover the following:

• The court’s jurisdiction, the limits of what the court is likely to direct, and the legal principles which govern decisions between incompatible wishes
• Practical considerations for pre-action conduct, and especially considerations for striking the right tone
• The appropriate procedure for seeking a determination by the court
• What should and should not be included in the evidence
• The likely approach of the court to dealing with the costs of such disputes
• Considerations for professionals acting as personal representative, especially balancing the avoidance of delay and the avoidance of court proceedings
• The relationship between disputes about burial and funeral arrangements and contentious probate disputes and applications to remove personal representatives for other reasons
• The availability in principle of injunctive relief, and considerations for whether to seek it
• Less common kinds of dispute about burial and funeral arrangements, including where decisions are to be made prior to death, and where the local authority becomes actively involved
• Legal principles and procedure for disputes about whether a body should be disinterred
• The anticipated consultation by the Law Commission for reforms to this area of law

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.