Who owns your body when you die? Who decides what happens to your body post death?
In short, no one. There is no property in a corpse. No one owns a dead body.
In practice, what happens to the body is determined by the Executor/Personal Representative (PR). They have the right in law to determine what happens with the body, i.e. cremation, burial or other methods of disposal. They have the right to choose the mode and place of burial. They also have the right to determine what happens with any ashes and usually any inscription on a headstone.
In some cases, a coroner may be involved and in turn a coroner has the right to possession of a body if it is subject to an inquest. In such cases, no one else may possess or dispose of the body until it is released by the coroner.
It is not possible for a body to be gifted, sold, or disposed of by a Will. However, statute law permits that a body – or part of it – may be donated for medical or scientific purposes. The law surrounding organ donation in England has changed in recent years and under the “opt-out” system, all adults in England are presumed to have agreed to be organ donors unless they have recorded a decision not to donate or belong to one of the excluded groups.
If there is no Will, there is no Executor and an Intestacy arises. The person who then deals with the estate is known as a personal PR. If there is a dispute about the identity of the personal representatives, the person lawfully in possession of the body typically has the authority to decide on its disposal.
In cases of dispute, the court can intervene to give directions, such as exercising its power under Section 116 of the Senior Courts Act to appoint an administrator and provide a limited grant, which allows for the release of the body so that arrangements for its disposal can be made. The court will consider the special circumstances and relevant factors in such cases.
Disputes around funeral arrangements are common. It is a very sensitive time for families and disputes do often stem from the decisions around what happens to the body and then any ashes/headstone. If you want to control what happens to your body after death, you should specify your wishes in your Will, appointing Executors to carry out those wishes. If you don’t have a Will – get one – they really do save a lot of stress for your family after you have passed. Importantly, also make sure any Will is kept up to date.
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