Disputes involving charitable legacies can arise where there is uncertainty over the interpretation of a will, concerns about validity, or disagreements between charities and other beneficiaries.

Our Private Wealth Disputes team advises charities, executors and beneficiaries on resolving legacy and charity disputes efficiently and proportionately.

Disputes about funeral arrangements and burials can arise at an intensely emotional time.

These disagreements often involve close family members and require sensitive but decisive legal advice.

Our specialist team advises families and executors on resolving funeral and burial disputes swiftly and compassionately, ensuring matters are dealt with lawfully and with dignity.

When do funeral and burial disputes arise?

Disputes may arise where:

family members disagree about funeral arrangements
there are competing cultural or religious considerations
the deceased’s wishes are disputed or unclear
estranged relatives assert control
there is conflict between executors and family members

Who has the final say?

In most cases, the legal right to decide funeral arrangements rests with the executor or administrator of the estate, not necessarily the next of kin.

Early advice is critical, as decisions often need to be made urgently.

How are disputes resolved?

We aim to resolve disputes quickly through negotiation. Where necessary, we can make urgent court applications to ensure lawful decisions are made without delay.

Recent experience

Advised family representatives in urgent applications to the High Court where there was disagreement over burial arrangements and executor authority.
Successfully negotiated agreement between competing relatives on funeral instructions prior to court intervention.

Key contact

Roman Kubiak TEP

Partner

Roman Kubiak is a Partner and Head of the market leading Private Wealth Disputes team.

He advises across the whole spectrum of private wealth disputes, with a particular focus on high value, complex and cross-border disputes including: trust disputes, breach of trust claims and applications to remove trustees; will disputes, particularly those with an international element; claims under the Inheritance (Provision for Family and Dependants) Act 1975; and claims for equitable relief under proprietary estoppel, constructive trusts and resulting trusts.

Roman Kubiak is described by a client as “tremendously capable, he knows what he is doing. He’s a national figure.” Another source adds: “Roman is exceptionally knowledgeable, he is very pragmatic and very solution-oriented.”

Chambers & Partners

A natural and dynamic leader’, the ‘very impressive’ Roman Kubiak heads the firm’s Private Wealth Disputes team and is noted for his ‘deep knowledge of estates and trusts law’.

The Legal 500

Next steps

We’re here to get things moving. Drop a message to one of our experts and we’ll get straight back to you.

Call us: 033 3016 2222

Message us

Funeral and burial disputes