A funeral is usually arranged by close family members of the deceased, but what happens if they disagree, or if someone else has the legal right to arrange the funeral?

If the deceased has left a valid Will, then the named Executors have the right to organise the funeral and either a burial or cremation. If there is no valid Will, then the Rules of Intestacy govern the appointment of an Administrator to deal with the deceased’s affairs, including funeral arrangements.

An Administrator will always be a family member, but it is possible that an Executor won’t be, for example if the deceased appointed a friend.

In that case, the Executor can choose to step aside and let the family arrange the funeral that they want.

When disagreements arise

If the Executor has different wishes to the family and a dispute arises, it is the Executor who has the right to make the arrangements.

If people have differing views on what should happen, it can be very upsetting at a time that is already difficult. The best way to proceed is to keep communicating and compromise if you can, to try as far as possible to avoid conflict.

If the parties involved cannot agree on funeral arrangements, then an application can be made to the Court, who may decide in favour of the legally appointed Executor or Administrator provided they have acted reasonably.

Where the disagreement is between two or more appointees, the Court will decide the matter on the facts. If the deceased has expressed any wishes in the Will, these are taken into account, although these wishes are not in themselves legally binding.

The importance of leaving a Will

Leaving a valid Will that includes an expression of funeral and burial or cremation wishes may help to avoid expensive and upsetting disagreements after death.

It is possible to request a professional Executor in a Will, such as a solicitor, who will act in accordance with the deceased’s wishes as far as possible. This can also help to avoid disagreement between relatives.

If an unmarried person dies without making a valid Will, then their partner can be left with no say in the funeral decisions as well as receiving nothing from the deceased’s estate, as the Rules of Intestacy do not include those not directly related.

A Will can be a record of what the deceased wants to happen after their death, as well as ensuring that their estate is distributed to chosen family and friends.

Make A Free, No Obligation Enquiry Now

To speak with one of our specialist Wills & Probate Lawyers, please call us now on 0117 952 0698 or Make A Free Will Enquiry and we will discuss your current circumstances with you and explain all available options available to you.

As funeral costs increase year on year, securing a pre-paid funeral plan now will ensure your loved ones are not faced with a large bill when the time comes. This article explores Funeral Plans UK.

The rising cost of a funeral

The cost of dying has risen by over 50% in the past decade and by a shocking 128% since 2004*. For many, this has left families struggling to cope with a bill that is larger than expected.

The average cost of a basic funeral currently stands at £4,184, with a basic funeral and burial costing £5,033*.

Local authority costs for burials and cremations have increased rapidly as councils struggle with budget cuts and increased financial pressure. Regional differences mean that some areas can be many times more expensive than others.

The National Association of Funeral Directors has voiced concerns: “… councils seem to view bereaved families as an easy target – hiking up burial and cremation fees at above inflation rates to help address wider council budget shortages.”

Funeral directors’ fees are also continuing to increase in response to the rising cost of land, wages, maintenance and fuel as well as pressure on their services.

Securing a pre-paid funeral plan

By putting a pre-paid funeral plan in place, you can avoid any further increases in cost. The amount you will pay will be fixed at today’s prices and is likely to represent excellent value for money when the time comes if costs continue to increase at a similar rate.

While around 65% of people have made provision to pay for their funeral, when families were questioned, only 66% of those had put enough aside for the whole cost. For 14% of families who had to make up the extra, it caused them notable financial problems.

Saving money is not the only benefit to putting a pre-paid funeral plan in place. It can also be of great comfort to your family to know that you have thought about your wishes and selected the funeral that you would like to have.

Arranging a funeral is often very stressful for those left behind. Making decisions at such a difficult time can even result in family disagreements.

By considering in advance exactly what you would like, you can make things as easy as possible for those who are left behind. You will have the chance to select the budget you want and you can also talk to your family about the arrangements for the service that you would like.

*SunLife Cost of Dying Report 2021

Contact us

At Elm Legal Services we offer a secure funeral plan with a range of plan options to suit your budget and preferences. We also have the option for you to return to your plan and change your arrangements over time as you wish. To find out more, visit our Funeral Plans page.

If you would like to discuss how we could help you put the right plan in place for your circumstances, please call us now on 0117 952 0698 or Contact Us and we will be happy to explain the options available to you without obligation.

A pioneering new service which lets you report the death of an individual to multiple financial institutions, all at the same time, has been launched.

There are approximately 500,000 deaths registered in the UK each year. And, people rarely have an account only with one bank or building society. So, when someone dies, letting these institutions know can be both time-consuming and stressful.

The new online Death Notification Service aims to make the process of contacting banks, and closing the accounts of a loved one, easier for people who have suffered a bereavement.

In the past, people have had to contact each bank individually, and this could be highly stressful due to different institutions having different reporting procedures. What’s more, when someone is grieving, it can be difficult to repeat the same conversation with several different organisations. Also, it was not uncommon for financial institutions to subject families to insensitive questions and treatment; often because they were not put through to the right department straight away.

As such, the creation of a secure and straightforward way to let financial institutions know about the death of a customer is long overdue.

How does it work?

The Death Notification Service – which is free to use – aims to reform the way banks treat bereaved customers.

The system is similar to (but separate from) the Tell Us Once notification tool which can be used to report a death to most government departments.

With the new service, people fill in a form online, at a time that is convenient for them. The notifier simply selects which banks they want to be informed about the death.

Barclays, HSBC, Lloyds Bank, Nationwide, RBS and Santander UK have all signed up to the initiative, and it is expected that other banks and building societies will be encouraged to join.

Once the process is complete, the selected institutions will update their records and contact the person who filled out the form to let them know what needs to happen next. This communication should happen within ten calendar days.

To access the service go to deathnotificationservice.co.uk. Once an account is created, people have three months to update the form if they find more bank accounts.

The service can be used by anyone, including family members, carers, friends and professionals.

For those who prefer not to use the internet, there is also the option to access the service by telephone.

Make A Free, No Obligation Enquiry Now

To speak with one of our specialist Wills & Probate Lawyers, please call us now on 0117 952 0698 or Make A Free Will Enquiry and we will discuss your current circumstances with you and explain all available options available to you.

Last year the average cost of a funeral in the UK was £4,078. This is a 4.7% increase compared to the year before and it’s set to grow even more over the next decade.

That’s why it’s wise to invest in your future by taking out a pre-paid funeral plan. Surprisingly, only 16% of Brits aged 45 years and over have such a plan in place, even though they’re affordable and easy to set up. To help you make the best decision, here are some advantages on pre-paid funeral plans…

Safety is paramount

The Funeral Planning Authority (FPA) is an independent voluntary regulator of the funeral planning industry. Most companies offering pre-paid funeral plans are FPA members.

The FPA ensures all providers follow certain rules and a Code of Practice, meaning you’ll receive the funeral you’ve paid for when the time comes. It also helps customers who wish to complain about their plan or provider.

Price freeze

Many providers will freeze the funeral director’s fees at current prices, so your family won’t encounter any unexpected price hikes when the times comes to activate your funeral plan. It’s always a good idea to check whether the provider is freezing funeral director costs, cremation fees as well as minister fees, or just the funeral director’s fee.

Reduces unnecessary stress for your family

Whilst there’s no way of preventing the grief and stress caused by the passing of a loved one, a pre-paid funeral plan can at least take away the worry of finding the funds to pay for the funeral. With a plan already in place, family and friends will have more time to grieve and process their emotions, as well as celebrate the life of their loved one and share happy memories together.

Easy to execute

Executing a pre-paid funeral plan is quite straightforward. It involves a single phone call to the funeral director, who will then put your plan into action. The funeral director will be on-hand to assist your family every step of the way.

Tailor your funeral

Pre-paid funeral plans allow you to plan your funeral to your own specifications. Whether you’re looking to hold a traditional religious funeral or a contemporary celebration of your life, your funeral plan and funeral director will be able to accommodate this.

Guaranteed acceptance

Unlike life insurance, pre-paid funeral plans aren’t subject to medical exams, health questions or age. Most pre-paid funeral plan providers will accept anyone over the age of 18.

Make A Free, No Obligation Enquiry Now

To speak with one of our specialist Wills & Probate Lawyers, please call us now on 0117 952 0698 or Make A Free Will Enquiry and we will discuss your current circumstances with you and explain all available options available to you.

We often talk about how essential it is to have a will in place. Another important aspect of dying is also considering your own funeral arrangements.

Again, it’s a topic that people tend to shy away from. A report from the Funeral Planning Authority found that 57% of adults over 40 hadn’t given it any thought.

But funerals are expensive and it’s another burden for the bereaved to deal with if arrangements aren’t in place.

Of those that have given it some thought, the most popular choice was to put some money aside to pay the bills. A further 18% had taken out life insurance and 13% had bought a pre-paid funeral plan.

A funeral plan is a good idea. It’s a way to arrange the type of funeral you’d like to have and secure it at today’s prices. Considering they have risen by 5% per year over the last 20 years that could make sound financial sense. They normally provide a range of options to suit different budgets.

More people are choosing to personalise their funerals too. Recent research showed that more than a third of people wanted to do this. The most common options for making a funeral more personal was by selecting a particular song to be played or wanting their guests to wear bright colours. Funerals don’t even have to be held in a religious venue – people can choose to hold them at their home for example.

You can discuss your wishes with your family or detail them on a form such as myfuneralwishes at www.dyingmatters.org. Keep that document safe and let your family know where it is so that they can find it when they need it.

Make A Free, No Obligation Enquiry Now

To speak with one of our specialist Wills & Probate Lawyers, please call us now on 0117 952 0698 or Make A Free Will Enquiry and we will discuss your current circumstances with you and explain all available options available to you.