Who has the right to make decisions about your funeral UK?

Q: Who is responsible for funeral costs?

The person who’s planning your funeral would be responsible for covering the funeral costs. If someone has appointed the services of a funeral director to carry out your funeral, then that person must cover the funeral director fees (and other associated costs). In most cases, the next of kin (closest family member) would arrange and pay for the funeral. If not, the executor or administrator would be responsible for covering the bill. They may be able to recoup the money from the deceased’s estate once probate has completed. If there’s no money from the estate to pay for the funeral, and the personal representative can't afford to (or doesn’t want to) cover the bill, then the local council would then need to pay for a simple cremation without a ceremony (also known as a ‘ paupers funeral ’).

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Who has the right to make decisions about your funeral UK

Who has the right to make funeral decisions?
Who has the right to arrange your funeral?
Who is responsible for funeral costs?
Who has the rights to a dead body?
What if there’s a disagreement over funeral arrangements?
What happens if executors disagree?
What if there’s disputes over the validity of a Will?
How to protect loved ones from high funeral costs?

Who has the right to make funeral decisions?

When you pass away, the person who has the legal right to make decisions about your funeral will be your personal representative, also known as:

The named executer(s) of your Will, or
The administrator of your estate (your closest living relative)

If you’ve made a Will, then the executor(s) of your Will would have the legal right to make decisions about your funeral.

If not, then the appointed administrator would have the legal right to make the decisions. This could be your spouse, civil partner, or any children you have over 18.

The executor or administrator would also be responsible for covering funeral costs.

However, they are not legally obliged to do this.

Continue reading this 2025 guide as we answer the question ‘who has the right to make decisions about your funeral?’.

Over 50s life insurance to help cover your funeral bill

Many people take out over 50 life insurance to help towards funeral costs, relieving some of the financial burden from loved ones when the time comes.

With the total cost of dying being £9,658 in the UK^[1], it could make sense to put financial provisions in place.

An over 50s plan could provide up to £20,000 of cover, depending on your personal circumstances and budget. It also guarantees to pay out when you pass away.

You’re guaranteed acceptance if you’re a UK resident aged 50 - 85 and there are no medical questions.

Get in touch with Reassured to compare free quotes and secure your over 50s plan today.

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Who has the right to arrange your funeral?

Who has the right to arrange your funeral depends on whether you’ve made a Will or not.

If there’s a Will

The executor(s) of your Will would have the legal right to arrange your funeral after you’re gone
The executor(s) is a person chosen by yourself when making your Will. They can be a partner, spouse, relative, close friend or a professional such as a solicitor
You can choose to have two executors to share the responsibility of managing your estate and planning your funeral
If the executor is a friend or professional, then they may step aside to allow the family to arrange the funeral

If there’s no Will

The appointed administrator would have the legal right to arrange your funeral after you’re gone
The administrator would be your closest living relative (next of kin)
The rules of intestacy (inheritance law) determines who is next of kin based on a specific order of priority
The order of priority as per intestacy rules is as follows: Spouse or civil partner, children, parents, siblings, half-siblings, grandparents, aunts and uncles, half aunts and uncles
If there are two people, such as children, then a judge would decide who to appoint as the administrator

It’s important to be aware that the Rules of Intestacy doesn’t recognise unmarried partners.

This means if you don’t have a Will, and you’re in a long-term relationship but not married, then your partner wouldn’t have any legal right to make decisions about your funeral when you pass away.

Who is responsible for funeral costs?

There’s no legal requirement to pay for a funeral.

However, if someone chooses to enter a contract with a funeral director to carry out your funeral, then they’d be legally responsible to cover the cost of the funeral director fees.

In most cases, the closest family member would arrange and pay for a funeral. If not, the executor or administrator would be responsible for this, but it’s not a legal obligation.

The person who covers the initial cost may be able to recoup the money from the deceased’s estate once probate has completed.

If there’s no money from the estate to pay for a funeral, or the next of kin/personal representative can't afford to or refuses to cover the cost (and no arrangements have been made with a funeral director), then the local council would need to carry out a simple cremation without a ceremony (also known as a ‘paupers funeral’).

Be responsible for your own funeral costs with over 50 life insurance

If you’re worried about the short or long-term financial implications of your funeral, then for peace of mind, you could arrange over 50s life insurance to help towards your funeral costs.

This is a policy for UK residents aged between 50 - 85. The pay out (sum assured) is guaranteed as the plan lasts until you pass away.

The below table shows how much the monthly premiums could be for a non-smoker looking for £5,000 of cover:


Age	SunLife	OneFamily
50	£17.41	£15.00
55	£19.59	£18.00
60	£21.92	£20.00
65	£26.59	£25.00
70	£35.25	£35.00
75	£48.85	£51.00
80	£67.70	£75.00
85	£74.00 (for a maximum of £3,703 of cover)	N/A (One Family’s maximum age is 80)

Our friendly team will be happy to answer any of your over 50s plan questions and find you personalised quotes. Simply contact us today.

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Who has the rights to a dead body?

The personal representative of the deceased has legal possession of the body.

As mentioned, the personal representative could be the executor (if there’s a Will) or the administrator (if there’s no Will).

The person who has legal possession of a dead body also has the right or duty to dispose of it.

There are some instances in which other people could have legal possession of a dead body other than the executor or administrator. Although this may be on a temporary basis.

These people could be:

A coroner
A hospital
Local authority

It’s important to mention that no one can own a dead body; it can’t be bought or sold as property.

What if there’s a disagreement over funeral arrangements?

Unfortunately, disagreements over funeral arrangements can happen to even the closest of families.

When a loved one passes away, it’s an emotional and stressful time, with lots of difficult decisions to be made.

Family members may have conflicting opinions over certain aspects of the funeral such as whether it’s a burial or cremation or whether to have a traditional ceremony or a celebration of life.

If there’s more than one person involved in organising a funeral, then disputes are not always avoidable.

Even if the deceased has left instructions for their funeral in their Will, disputes can still arise as these aren’t legally binding.

So, who has the final say over your funeral arrangements?

If you’ve made a Will, then your chosen executor(s) would have the final say.

However, if your executor(s) isn’t a relative then they may choose not to get involved in the funeral arrangements.

If this is the case, and there’s a dispute amongst family members, they could turn to the executor to make the final decision.

If you’ve not made a Will, then the appointed administrator (your next of kin) would have the final say.

Here’s an example of a dispute which involves the executor and the spouse of someone who’s passed:

The deceased had appointed their cousin as the executor of their Will
The deceased didn't leave any funeral requests and so the executor decides to arrange a cremation
However, the deceased’s widow believes that they would have wanted a traditional burial
In a court of law, the cousin’s decision to have a cremation would overrule the widow’s request for a burial
Ultimately, the cousin has legal possession of the body and they have the final say over the funeral arrangements

What happens if executors disagree?

If joint executors disagree over your arrangements, and they can’t come to any compromise, then they would need to apply to the court.

Bearing in mind that a judge can only decide who has the final say, not how the funeral should go ahead.

What if there’s disputes over the validity of a Will?

If there's been a disagreement over your funeral arrangements and/or the administration of your estate, then family members may challenge the validity of your Will (if you have one).

If your Will is deemed invalid, then this can cause a number of complications after you pass away.

Government guidelines for making a legally valid Will state you must:

Be over 18 years old
Make it voluntarily
Be of sound mind
Make it in writing
Sign it in the presence of two witnesses who are both over 18
Have it signed by your two witnesses, in your presence^[2]

Most people hire a professional to help with making a Will, as there’s less chance of any mistakes being made.

According to a survey by SunLife, 47% of people who arranged a funeral in 2023 had received funeral wishes directly from their loved one.

Of those who didn't know of any funeral wishes, 23% said this could've prevented disagreements among family members when arranging the funeral.

Other ways people were told about their loved one's funeral wishes:

22% from family and friends
21% from the deceased's Will
18% from a pre-paid funeral plan
13% from a letter of intent

How can I protect loved ones from high funeral costs?

If you’re a UK resident, aged between 50 - 85, you’re guaranteed acceptance for over 50 life insurance.

Over 50s life insurance can help towards paying for your funeral by providing a cash lump sum. Alternatively, it could provide a small inheritance for loved ones to enjoy as they wish.

No medical information is required and, depending on your age, budget and smoking status, you could take out cover up to £20,000 - enough to cover the £9,658 average cost of dying^[1].

The best part is that cover is guaranteed until you pass away and it can be purchased through Reassured from as little as 20p-a-day (cost subject to your age & smoking status). Simply get in touch.

Compare Over 50s Life Insurance Quotes »