November: the Month of Gunpowder, Ashes, and Remembrance

October 31, 2017 by Melinda @ Giles Wilson Solicitors

As I sat in my office in Leigh Broadway this week, I looked up to see a beautiful funeral pass by; the funeral director was walking ahead of the procession, and the hearse was beautifully valeted and full of flowers. Three black limousines followed full of family of all generations.

I hope that the funeral was of someone who had had a long and full life, who did not suffer and whose family were united in their thanksgiving for their life. And that there had been no dispute over the funeral arrangements, and that there would not be over where the burial took place, or who was to retain or inter the ashes.

As with any dispute that involves emotion, those that can follow the death of a loved family member, are often the most entrenched and bitter. This is made worse by the fact that the law is not clear but one thing that is certain; nobody owns a body. So who has the right to arrange the funeral, or to the ashes? I have heard many logical answers to this; that it is the person who paid for the funeral, to the next of kin, to the executor. However, one answer does not fit all situations as it turns on the different facts, and even then there are exceptions. If someone has left a valid will that appoints an executor, that will should defer the authority on the executor to arrange the funeral, but that person is not entitled, necessarily to retain the ashes. At the same time, if there is no will then the person entitled to arrange the funeral may not be clear.

Moving on to the fun part of my Ashes piece… Bonfire Night! Just remember that if you are holding a public event you have a public liability so please seek advice (and insurance!) in this respect –

And finishing with Remembrance; 11 November is of course the day that we remember those that gave their lives in war. You may wonder how I am going to link this valuable day with the uncomfortable subject of arguing over funeral arrangements – but I often say to clients who are agonising over some aspects of their Will – that this is the written document that you leave behind when you pass away. It is what is read by your loved ones and you cannot pop back and explain a clause or provision that is mis-read. Please take advice; we have come across so many different personal situations and will always work with you to help get it right.

And finally, hope to see as many of you as possible, on Friday 24th November when our Leigh Broadway office will stay open through the evening – call in and pull a cracker with us as we all celebrate the start of the Christmas season with turning on of the Leigh Lights.