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Our client faced an incredibly distressing situation after his wife passed away suddenly when over from Ireland visiting family in London, during a time when he was in prison. The deceased left five children aged between 2 and 15. With no will in place, a dispute arose over both who had the right to arrange the funeral and whether she should be buried in London or Ireland.
The client wanted to honour his wife’s wishes by arranging her burial in Ireland, where one of their children was buried, who died whilst still a baby. For him, this was deeply personal and important.
However, the deceased’s family stepped in and began organising the funeral in London without consulting him. This created both emotional strain and legal uncertainty at an already difficult time, particularly given the needs of the young children involved.
The situation required urgent resolution to avoid the funeral proceeding in a way that did not reflect either the client’s legal rights or the wider family’s needs. In cases where someone dies without a will, the law determines who has the authority to make decisions about funeral arrangements. This is not always widely understood, which can lead to disputes.
Although there was no will, our client was entitled to apply for a grant of representation as the deceased’s spouse under the Intestacy Rules. He was the correct person to become the Personal Representative (PR) of her estate.
A PR (or Executor appointed under a will) is the person who is legally entitled to organise the funeral. To enforce this, they need to apply to Court under s116 Senior Courts Act 1981 to be appointed as the PR and for the Court to exercise its inherent jurisdiction to order that the PR has sole control and conduct of the deceased’s burial.
This case presented practical challenges in taking instructions. Communication with our client was highly restricted, we could not email him, and written correspondence risked breaching confidentiality as prison staff would review letters. It was also not possible to schedule calls, as we did not know when the client would be able to contact us. This made timely communication and decision-making significantly more complex.
Our role was to:
Clarify who had the legal right to organise the funeral
Prevent irreversible decisions being made too quickly
Progress the matter despite unpredictable communication constraints
Create space for a constructive resolution between all parties
We immediately contacted the Coroner to locate where the deceased was being held. They told us she had been released to a funeral director, so we contacted the funeral parlour immediately to formally notify them that there was a dispute over the funeral arrangements. This ensured that no further steps were taken in the funeral arrangements until the issue was resolved.
At the same time, we wrote to the solicitors representing the family to clearly set out our client’s legal position as the person entitled to take responsibility for the funeral as PR of the deceased.
With both sides informed, we guided discussions between the parties, focusing on reaching an agreement that respected legal rights while also considering the wishes of the wider family — particularly the best interests of the children.
Despite these limitations, we ensured the situation remained controlled and did not escalate further.
The matter was resolved through constructive negotiation, avoiding the need for Court proceedings.
Importantly:
The client’s legal position was recognised and respected.
Communication between the family improved during a difficult time.
A solution was reached that considered the needs of the five children.
The deceased’s children expressed their wish to have their mother buried in London, where they were living after her sudden death and because their father (our client) was in prison, so they could visit her grave. Taking this into account, our client agreed to proceed with a London burial and worked collaboratively with the family to organise the funeral.
This outcome balanced legal rights with compassion, ensuring the final decision reflected both the client’s authority and the family’s ongoing needs.
This case demonstrates how early legal intervention can prevent conflict from escalating, even in highly emotional and logistically challenging situations. By providing clear guidance and practical support, Taylor Rose helps clients navigate sensitive disputes with confidence and clarity, particularly in matters involving estates, probate, and family disagreements after bereavement.
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