Burial disputes are highly sensitive and have a huge emotional impact on the deceased’s loved ones.
If you are expecting a legacy gift, such a dispute can not only lengthen the time it will take to conclude the administration, but also reduce the size of the estate, due to the legal fees involved.
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Expert legal guidance to help your charity grow, manage and protect legacy income.
When emotions run high
Our expert legacy protection team is regularly instructed by charities who are named beneficiaries of an estate that is subject to a burial dispute.
These emotive and upsetting differences of opinion usually arise when an agreement cannot be reached about whether the deceased is to be buried or cremated, or where the funeral or grave is to be located. Even specific arrangements, such as the clothes to be worn by the deceased, can trigger conflict.
Legally, no one ‘owns’ a body, but it is important that it is disposed of in a timely manner. That responsibility usually falls to the administrator of the estate.
The role of administrator
Sometimes, a charity that has been named as a beneficiary of an estate can find itself acting as an administrator, if, for example, the named executor died before the testator. If a burial dispute arises, you are then left with the unenviable responsibility of trying to find a resolution.
Our experienced Charity Assist team has an excellent track record of liaising successfully with those in dispute to find an acceptable way forward, so that funeral arrangements can be agreed.
If a compromise cannot be reached (not just in burial disputes, but in any matter in which a charity is an estate’s administrator), we can apply to the court on your behalf. The court will provide directions on how to proceed, protecting you from criticism or challenge from other beneficiaries.
Contact us
If you have been drawn into a burial dispute and need help trying to reach a resolution, don’t hesitate to contact the TE Charity Assist team.
