Disagreements about funeral arrangements can be extremely difficult for families, particularly where relatives have different views about whether someone should be buried or cremated.

The recent High Court decision in Ofori-Kuma v Ofori-Kuma [2026] EWHC 2327 (Fam) considered exactly this issue.

The dispute was between the deceased’s three adult daughters and her mother and sister. The daughters wanted their mother to be cremated, while her mother and sister believed that she should be buried. Who decides funeral arrangement…

What happened?

Margaret Ofori-Kuma died unexpectedly in June 2026.

Her daughters said that she had clearly told them that she wanted to be cremated. Her mother and sister disagreed and relied on their own understanding of her wishes, as well as cultural and religious considerations connected with the family’s Ghanaian background. Who decides funeral arrangement…

The family tried to resolve the disagreement themselves, but the dispute continued and the funeral was delayed.

Margaret’s mother and sister therefore asked the High Court to allow them to take responsibility for the funeral arrangements instead of her daughters. Who decides funeral arrangement…

Who normally has the right to arrange a funeral?

There is no legal ownership of a deceased person’s body.

Instead, responsibility for arranging the funeral will usually fall to the person responsible for administering the estate.

If someone leaves a Will appointing executors, the executors will normally have responsibility for the funeral arrangements.

If there is no Will, the law sets out who has priority to deal with the estate. In this case, Margaret had no surviving spouse or civil partner, meaning that her children had priority over her mother and sister. Who decides funeral arrangement…

The Court does have power to appoint someone else where there are special circumstances, but there must be a good reason for doing so.

What did the Court decide?

The High Court decided that Margaret’s daughters should remain responsible for arranging the funeral.

The judge was satisfied by the daughters’ evidence that Margaret had wanted to be cremated. Their account was considered consistent and convincing.

The Court also considered the arguments about family and cultural traditions. Although those views were treated with respect, they were not enough to justify taking responsibility away from Margaret’s daughters. Who decides funeral arrangement…

The daughters were therefore allowed to proceed with the cremation and an injunction remained in place preventing other family members from interfering with the arrangements. Margaret’s mother and sister were also ordered to pay the daughters’ costs. Who decides funeral arrangement…

Why is this decision important?

The case is a useful reminder that being someone’s “next of kin” does not automatically give a person the legal right to decide what happens at their funeral.

The starting point will usually be who is legally entitled to administer the estate.

The Court can step in where there is a serious dispute, but simply disagreeing with the person who has priority will not normally be enough to take that responsibility away from them.

The deceased’s own wishes can also be very important. Although those wishes are not always legally binding, clear evidence about whether someone wanted to be buried or cremated can carry significant weight. Who decides funeral arrangement…

Funeral disputes can become expensive very quickly and, perhaps more importantly, can delay arrangements at an already difficult time for the family.

Where relatives disagree about who should arrange a funeral or whether a loved one should be buried or cremated, getting legal advice early can help clarify who has the right to make the decision and whether an application to Court may be necessary.