No property in a corpse: What does this even mean? The reality is is that the concept of ‘no property in a corpse’ is a very important one and is something that Laura Richardson now explores for you in her latest article . . .
When a loved one dies, we often turn to their Will in order to find out whether the deceased had any preferences regarding funeral arrangements. However, what happens when no preferences are recorded, or if the deceased did not have a Will? The rule regarding the physical body of a deceased person is that ‘there is no property in a corpse’, and therefore family or next of kin do not automatically have the right to make decisions regarding the body of the deceased. Recent figures released in the UK by a leading provider of funeral plans, state that up to a quarter of deaths lead to disputes between family members, with over 20% of these disputes relating to the disposal of the deceased’s body.
Following the death of a loved one comes a very unsettling and upsetting period of adjustment and grieving, so how can you help your loved ones to avoid distressing disputes once you are gone?
Make a Will
Setting out your preferences for your funeral arrangements within your Will can give your family members and friends a very good basis for them to plan your funeral. However, as a Will can only legally deal with ‘property’ and a corpse is not property, your recorded preferences are not legally binding and therefore your family members may wish to make contrary arrangements for your funeral. If other family members disagree this can lead to disputes which then must be settled by the Executors of your Will. Interestingly, one request that is legally binding when made within a valid Will is a request to donate your body, or parts of your body for medicine or science purposes.
Arrange a Pre-Paid Funeral Plan
In fact, arranging a Pre-Paid Funeral Plan is the only way to ensure that you receive the funeral that you would like so as to avoid the ramifications of the concept of ‘no property in a corpse’. As well as ensuring that there is no room for disagreements between family members, you will have the peace of mind that your loved ones will be spared the burden of having to make decisions at the difficult and emotionally stressful time that would follow your death. By taking out a Pre-Paid Funeral Plan you also alleviate your loved ones from having to make arrangements to pay for your funeral. At Andrew Douglas Wills and Legal Services we are proud to offer each of our clients an individually tailored Pre-Paid Funeral Plan. Our Funeral Plans can be as simple or as detailed as you choose, and there is a range of payment and budget options available to suit your personal situation.
Therefore, if you would like to discuss any aspect of your Funeral arrangements to avoid the ramifications of the concept of ‘no property in a corpse’, call Andrew Douglas Wills and Legal Services today. As specialists in this field, we offer practical professional advice, and what’s more, we can usually arrange to meet with you in the comfort of your own home. Call today to arrange your FREE initial consultation.
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