Funeral arrangements can be an emotional and complex process, especially when disagreements arise within families. The recent judgment in Anilkumar Patel v Jayaben Patel [2025] EWHC 560 (Ch) highlights these challenges and provides valuable insights for funeral homes and care providers. Our contentious probate solicitors explore the case, the legal framework governing funeral disputes and practical advice for managing such situations with sensitivity and professionalism. What should you consider when funeral disputes arise? Conflicts over funeral arrangements can intensify grief and lead to long-term family discord. Open discussions about funeral preferences before a loved one’s passing can help prevent such disputes. When assisting families facing disagreements, funeral directors, legal advisors and care providers can play a critical role in resolving conflicts respectfully or preventing them in the first instance. Key steps include: Encourage open communication: help families discuss their preferences and concerns. Identify legal authority: determine who has the legal right to make decisions, typically the next of kin or executor. Check for written instructions: look for any documented wishes left by the deceased. Consider mediation: if conflicts persist, suggest professional mediation to reach a resolution. Recommend legal consultation: encourage families to seek legal advice if necessary. Provide emotional support: recognise the emotional distress involved and offer compassionate guidance. Overview of Patel v Patel The High Court recently resolved a dispute between Anilkumar Patel and Jayaben Patel regarding the funeral arrangements for their late father, Bhikhubhai Rambhai Patel. Judge Paul Matthews ruled on 12 March 2025 that the deceased’s body be cremated and his ashes scattered in England, following Hindu rituals. Bhikhubhai Rambhai Patel, a devout Hindu, passed away on 30 December 2024. His Will, dated 22 December 1993, appointed his son and daughter as executors but did not specify funeral wishes. While Anilkumar Patel wished for cremation in England, Jayaben Patel wanted their father’s remains taken to India for burial. Understanding the legal framework around funeral disputes Taking early legal advice when a funeral dispute arises can prevent costs from escalating, as they did in this matter. Judge Matthews commenting, such disputes often arise from differing opinions, unresolved family dynamics, or a lack of clear instructions. The key legal principles include: Role of executors: if the deceased left a Will, the appointed executors are responsible for funeral arrangements. Legal status of funeral wishes: while a deceased person’s funeral wishes are usually respected, they are not always legally binding unless part of a formal contract or prepaid funeral plan. Common Law Principle: No one can legally ‘own’ a corpse, meaning funeral arrangements rely on legal authority rather than ownership rights. Key factors in the Court’s decision The ruling in Patel v Patel was based on several considerations: Residence: the deceased lived in the UK for 70 years, making England his primary home. Timeliness: the court stressed the importance of arranging the funeral without undue delay, as the body had remained undisposed for nearly three months. Witness testimonies: statements from family members supported cremation in England. Cultural and religious factors: the decision aligned with Hindu traditions and the deceased’s previous wishes after his wife’s funeral. Public resources: the prolonged storage of the body placed an additional strain on public facilities. How can Morr & Co help? If you need assistance on a funeral dispute or have any questions on contesting a Will following our insights on Patel v Patel, please contact our contentious probate solicitors by telephone on 01737 854500 or email info@morrlaw.com. Although correct at the time of publication, the contents of this newsletter/blog are intended for general information purposes only and shall not be deemed to be, or constitute, legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article. Please contact us for the latest legal position. Authored by Katie Woodcock Partner Message Tags Insights On this page Related Stories The importance of preparing a Will View more Contact our team today to find out more
