Cremation and the family: some burning issues

Andrew Bainham, Emeritus Reader in Family Law and Policy, University of Cambridge

In this article the author considers the law and practice surrounding modern cremation and the cremation aspects of the Law Commission’s recent consultation paper on Burial and Cremation.

Cremation is now far more popular than burial and the article begins with a brief history of modern cremation in Britain. The issues of transparency, delay and family participation are then discussed. Family responsibility is addressed along with the potential for conflict between the person legally entitled to possession of the deceased’s body and the applicant for cremation. The unresolved issue of the legal position of the deceased’s cohabitant is discussed as is the question of family disputes and what might be done about them. Family obligations regarding ashes have exercised the Law Commission and its proposals for dealing with uncollected ashes are noted.

Some of the other issues affecting families under consideration by the Law Commission are briefly addressed. The article concludes by asserting the importance of the wishes of the deceased and arguing that they should be legally binding when properly established. Finally, the question of increased regulation of crematoria is mooted in the light of the exponential growth of direct cremation.