Overview

This bill allows individuals over 16 to legally record their wishes regarding their funeral and burial arrangements, including the use of their grave after burial. These instructions will be binding on those responsible for carrying out their wishes, unless deemed impractical, unreasonable, or unlawful.

Description

The Burial Rights Reform Bill enables individuals to create a "registered declaration" outlining their funeral and burial preferences. This declaration can include directions (binding instructions) and requests (non-binding preferences) covering various aspects, such as the type of ceremony, location, use of a grave, and memorial arrangements. The declaration is registered with the Registrar General for England and Wales. It can be amended, replaced, or cancelled.

The bill assigns duties to several parties, including those handling a body, registering a death, or arranging the funeral. These parties must check the register of declarations and inform the relevant "funeral agent" – the individual or entity responsible for following the deceased's directions and considering their requests (usually appointed in the declaration, or failing that, the executor/administrator of the estate). The funeral agent must strive to fulfill the deceased's wishes, subject to exceptions for impracticality, unreasonableness, or legal conflict. If a duty is breached, those affected can seek redress through the courts.

The Secretary of State will issue regulations specifying the format of declarations, authentication methods, and registration procedures, including fees. The bill also clarifies that if both a will and registered declaration exist, the most recently executed document takes precedence. Finally, the register of declarations will be publicly accessible, with provisions for limited restrictions.

Government Spending

The bill will result in government expenditure covering administrative costs associated with the register's maintenance and the creation of regulations. Specific figures are not provided in the bill text, but it anticipates the costs being met from public funds.

Groups Affected

• Individuals over 16: Can make legally binding declarations about funeral and burial arrangements.
• Executors/Administrators/Personal Representatives: Responsible for fulfilling the deceased's wishes, unless superseded by a designated funeral agent.
• Funeral Agents: Individuals or entities appointed to carry out specific instructions or consider requests.
• Funeral Directors/Undertakers: Have a duty to check the register for relevant declarations and inform the appropriate parties.
• Local Authorities: Responsible for dealing with cases where no one takes charge of the body or the arrangements cannot be funded.
• Burial Authorities: Required to be notified about directions concerning future grave usage.
• Grave Owners/Property Owners: Have relevant responsibilities relating to grave usage.
• Relatives/Beneficiaries: Can seek legal redress if there are breaches of duty.

Powered by nyModel