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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71051
Experience:  Over 5 years in practice
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My brother and I have just lost our father and wish to bury

Customer Question

My brother and I have just lost our father and wish to bury him in the next 7 days he was a devout Catholic and this was his wish after suffering from cancer. My sister though wants to wait for the funeral to be held in 3 weeks time as her daughter is going away to Mexico on Tuesday for 2 week and this is the reason for delaying the funeral. Having seen a copy of the will a power of attourney has not been named but my sister is the oldest child. Both me and my brother wish to arrange the funeral ASAP and the Church and Funeral Director can arrange this. How do we stand if 2 wish to go ahead with a date and the eldest does not
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

What was he wish? That he be buried quickly?
Customer: replied 4 years ago.

He is a Catholic and went to Mass every Sunday and once the individual passes they generally arrange as soon as the Parish Priest can arrange with the Funeral director and he would not want to wait for 3 weeks.

He had bought his burial plot and arranged pretty much his own funeral other than the date as he did not know when he was going to die.

My brother and I have the death certificate and documents

Expert:  Jo C. replied 4 years ago.
Ok. Thanks.

I just need 10 mins to consider this if thats OK?
Expert:  Jo C. replied 4 years ago.

This is a family practical problem rather than a legal one.

There is no statutory period in which a body must be buried although the death must be registered within seven days. Obviously there are practical problems with delay however.

Legally, your late father does not actually have to be buried although there are obviously health and safety issues by not doing so.

There is a criminal offence of interfering with a burial although its very rarely prosecuted.

The power of attorney has nothing to do with this because it ceases on death.

The executor of the will will have the last say upon this. The fact that she is older is immaterial.

Can I clarify anything for you?