Municipal Funerals
Very occasionally when somebody dies, they leave no relatives or executors to arrange a funeral and the Council must step in. The Environmental Health Team is responsible for protecting public health by ensuring that the remains of all who die within its area are disposed of properly. Normally, the Council has to do nothing because others arrange the funeral and there is a system of undertakers, crematoria and cemeteries to provide that service. If however, there is nobody who is able or willing to arrange a funeral then the Council makes the necessary arrangements.
When the Council is notified of a deceased person for whom no arrangements have been made, we arrange for the collection of the body by an undertaker. We then try to find out if the deceased has any living relatives or friends who would want to make the funeral arrangements. If there are, then responsibility for the remains are passed over and the Council need do nothing further. If not, then Council officers will enter the person’s home and try to find a will. If a will is found the executor is notified and asked to take responsibility for the funeral.
A person named as an executor in a will is not under any legal obligation to act in that capacity. If, however, they do so, they are subject to certain legal obligations, the first of which is to make appropriate arrangements for disposal of the remains. The reasonable cost of a funeral is always the first thing that has to be met from a deceased’s estate and takes priority over all creditors including the Inland Revenue. Further advice on the role of an executor can be obtained from a Solicitor or Citizen’s Advice Bureau.
If nobody accepts responsibility, then the Council arranges a funeral. We always try to establish whether the deceased person had any religious faith and if they did, arrange a service in that faith. If no particular faith is known then a simple Church of England ceremony is arranged. Disposal is usually by cremation. The Council will always try to contact friends and relatives, even if they do not take on responsibility for the funeral and invite them to the funeral service. We will do our best to take into account the wishes of the relatives of the deceased and, if known, the wishes of the deceased themselves. However, the Council is not able to incur costs significantly greater than its standard costs for funerals.
When the Council arranges a funeral it is obliged to recover the costs from the estate of the deceased. The Council, therefore takes responsibility for the estate until those costs are met. Any funds remaining after the Council’s costs are subtracted will either be divided amongst relatives following the normal rules of intestacy or, if no relatives are found, be forwarded to the Official Solicitor.
If you are a relative or friend or a named executor of a deceased person and you are not willing to make the necessary arrangements for disposal of the remains then you must not take any action with respect to the estate of that person. Doing so could leave you with a civil liability for costs and could lead to a criminal prosecution.
North Wiltshire District Council is not in a position to offer financial assistance to anyone wishing to make their own arrangements for a funeral, but we may be able to put you in contact with organisations that can.
When the Council is notified of a deceased person for whom no arrangements have been made, we arrange for the collection of the body by an undertaker. We then try to find out if the deceased has any living relatives or friends who would want to make the funeral arrangements. If there are, then responsibility for the remains are passed over and the Council need do nothing further. If not, then Council officers will enter the person’s home and try to find a will. If a will is found the executor is notified and asked to take responsibility for the funeral.
A person named as an executor in a will is not under any legal obligation to act in that capacity. If, however, they do so, they are subject to certain legal obligations, the first of which is to make appropriate arrangements for disposal of the remains. The reasonable cost of a funeral is always the first thing that has to be met from a deceased’s estate and takes priority over all creditors including the Inland Revenue. Further advice on the role of an executor can be obtained from a Solicitor or Citizen’s Advice Bureau.
If nobody accepts responsibility, then the Council arranges a funeral. We always try to establish whether the deceased person had any religious faith and if they did, arrange a service in that faith. If no particular faith is known then a simple Church of England ceremony is arranged. Disposal is usually by cremation. The Council will always try to contact friends and relatives, even if they do not take on responsibility for the funeral and invite them to the funeral service. We will do our best to take into account the wishes of the relatives of the deceased and, if known, the wishes of the deceased themselves. However, the Council is not able to incur costs significantly greater than its standard costs for funerals.
When the Council arranges a funeral it is obliged to recover the costs from the estate of the deceased. The Council, therefore takes responsibility for the estate until those costs are met. Any funds remaining after the Council’s costs are subtracted will either be divided amongst relatives following the normal rules of intestacy or, if no relatives are found, be forwarded to the Official Solicitor.
If you are a relative or friend or a named executor of a deceased person and you are not willing to make the necessary arrangements for disposal of the remains then you must not take any action with respect to the estate of that person. Doing so could leave you with a civil liability for costs and could lead to a criminal prosecution.
North Wiltshire District Council is not in a position to offer financial assistance to anyone wishing to make their own arrangements for a funeral, but we may be able to put you in contact with organisations that can.
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