Who Decides What Happens to Your Body After You Pass Away? An Estate Planning Perspective
"No one can confidently say that he will still be living tomorrow" – Euripides.
Death is an inevitable part of life, and while it's not a topic we like to dwell on, it's essential to consider what happens to your body after you pass away, especially from an estate planning perspective. Understanding the legal aspects of body ownership and funeral arrangements can help you make informed decisions and prevent potential conflicts among your loved ones.
Ownership of a Deceased Body:
The notion of ownership is central to many aspects of our lives, but when it comes to your body after death, things are quite different. Legally speaking, your deceased body is not considered property and cannot be owned by anyone. This principle was established in the case of Haynes in 1614, where it was ruled that there can be no property in a corpse. This means that your body cannot be considered part of your estate, and your beneficiaries have no legal rights over your remains.
Responsibility for Funeral Arrangements:
While no one can claim ownership of a deceased body, the responsibility for deciding what happens to your body after death falls on your personal representatives. Personal representatives are individuals appointed by you in your Will as executors. They are tasked with carrying out your wishes, including any funeral or burial arrangements you specify in your Will.
When you pass away without a Will or fail to provide clear instructions regarding your funeral wishes, conflicts may arise among family members or those handling your estate. To avoid such disputes, it is essential to appoint trusted individuals as your executors and clearly outline your funeral preferences in your Will. This way, your wishes will be legally binding, and your executors can ensure they are carried out accordingly.
Changing Times and Environmental Considerations:
The law regarding the disposition of deceased bodies has remained largely unchanged for centuries. However, societal norms and environmental concerns are evolving. Modern alternatives to traditional burial and cremation methods, such as resomation and cryomation (immersing a body in liquid nitrogen), are gaining popularity. The law needs to adapt to these changes to accommodate more sustainable and environmentally friendly practices.
Recognising this need, the Law Commission has initiated a project to create a modern framework for disposing of the deceased. This project aims to review existing laws on cremation and burials, address the legal status of a deceased person's wishes regarding their body, and clarify the rules regarding the ownership of a body after death. It's an important step towards aligning the law with the evolving expectations and practices in our society.
Recent Case: OTITOJU V ONWORDI [2023] EWHC 2665
A recent case underscores the importance of having a clear legal framework in place. In the case of OTITOJU V ONWORDI [2023] EWHC 2665, a dispute arose over the possession of a deceased's body and funeral arrangements. The court's decision highlighted the significance of having a valid Will, as it determined who had the right to possess the body and make funeral arrangements.
Remember - your body after death cannot be owned by anyone, but the responsibility for making funeral arrangements lies with your executors, as appointed in your Will. To avoid potential conflicts and ensure your wishes are carried out, it's crucial to create a Will that includes clear instructions regarding your funeral preferences.
If you have any questions, feel free to reach out to our friendly team for guidance.