Funeral rules/laws etc etc United Kingdom. Need help.

[Now there's a right un.]

I need some advice from anyone who has experience or knowledge of the legalities involved in burying a parent in the United Kingdom.

 

I have had no luck with using Google searches and such.

 

My Wife, who is 1 of 9 children, 5th oldest, lost her Father this week.

The oldest Sibling, her Brother, basically kidnapped the body, drove the body over 300 miles from the home and has taken it upon himself, against family wishes, to organize the burial of his Father.

It took almost 4 days to discover where the body was.

Now, the oldest sibling has been declared previously as mentally unstable and the family are strenuously opposed to the arrangements he is making but are unsure as to how they can stop him.

The funeral directors are finally known.

 

How can my wife and family stop the elder Brother from committing to a burial that no-one is in agreement with.

When I say no-one I mean other siblings, uncles, aunts and cousins etc etc...

 

The burial is to take place within the next 6 days and must be stopped if possible.

 

Is there anyone who can help me??

[captain cojones]

Sounds awful. Sorry to hear about your loss...But with something this urgent surely a lawyer should be the first call?

 

Good luck with what seems a nightmare situation.

[nick]

In general a spouse has the best claim to the body and to make funeral arrangements as they see fit. In the absence of a spouse then the executor may well be the best placed person. The next of kin would also be in a position to make arrangements, but the rights of next of kin with regard to parents is often seen as being available in age order.

 

I would speak in the first instance to the executor, if there is one, if not then I would suggest speaking to the Funeral Director and discuss the situation with them. They are the experts in such matters.

 

But be quick, it might take court action to stop this if you really want to change the arrangements.

 

Did the deceased have any wishes regarding his funeral arrangements? If so then generally speaking they should be carried out, even if the arrangements were only discussed verbally. If they are in a will then unless they are impossible to carry out generally those arrangements should be put in place.

 

Some quite decent guidance here: http://www.yourrights.org.uk/yourrights/rights-of-the-bereaved/the-rights-over-a-dead-body/index.html

 

 

and these folks should be able to help you http://www.crusebereavementcare.org.uk/

Edited March 9, 2013 by nick

[Now there's a right un.]

The deceased wanted to be buried where he died. The elder Brother has ignored this and the wishes of all other family members.

 

There is no will nor executor.

 

We don't know, but are trying to find out, if my Wife's father has been registered as deceased in the area of his death. We are informed that if this has not been done it becomes a criminal matter.

[nick]

Contact a local funeral director with a good reputation (coop are usually pretty good if you don't know any personally) explain the situation to them, see what they advise. Tell them what he wanted done and what the eldest brother has done. I think it might well be a court matter unless the eldest brother can be persuaded...

Edited March 9, 2013 by nick

[nursejudy]

http://www.rightsolicitor.co.uk/?gclid=CObuzfmW8LUCFUnMtAodOhkA3g

 

might this help free legal advice

 

or talk to the police if the son has had mental health issues before he may be unstable now

[Steve Walker]

Crikey, what a mess. Condolences to your wife, it's extra stress and upset that nobody needs at such a time.

[poledark]

I think the Coroners Office may have an interest here, you can't just take a body where you like without permission.

 

Den

[ayjay]

[Now there's a right un.]

My Wifes Brother has this evening been apprehended and is currently under arrest.

 

It appears likely that he did not register the death in the area my Wifes father lived and he then subsequently travelled 300 miles with his fathers body in a caravan.

We don't know yet as to where the body of his father is, either the police are keeping quiet of they don't know themselves.

 

My wifes brother is being examined by a mental health professional tomorrow.

 

The downside to this is that his brothers, his cousins, his uncles are absolutely fuming, so I guess being in custody is by far the best option for him at the minute as they all want a piece of him at the minute. Also because of what happened the brother of my wifes father, her uncle, has just been rushed to hospital after suffering a massive coronary. Things are in absolute turmoil here at the minute.

 

My wife too is absolutely in pieces. A proper mess now...