Funeral wishes and pre-paid plans: Your rights, options and what the law may soon change 

Introduction 

For many people, thinking about their own funeral can feel morbid or unnecessary. But just like writing a will or arranging power of attorney, making plans for what happens after death is a key part of personal planning. 

While it’s common to leave funeral wishes in a will or discuss them informally with loved ones, few people realise that these wishes are not legally binding. This means that although your preferences may be taken into account, the final decision is made by someone else. This gap in legal protection can lead to disputes or outcomes that don’t reflect your values, beliefs or intentions. 

At the same time, more individuals are turning to pre-paid funeral plans as a way to manage costs and ensure that at least some practical details are taken care of in advance. But these plans, while helpful, are not a complete solution either. 

With the Law Commission now undertaking a review of the UK’s outdated funeral and burial laws, there’s real potential for reform in this area. In the meantime, knowing your rights, and your limitations, is essential. 

Are funeral wishes legally binding in the UK? 

What happens when someone dies intestate (having not made a valid Will)?  

Their next of kin will be able to make any funeral arrangements for them, but even if the deceased had made their wishes known in this respect, they are not legally binding.  

What happens then if someone make a Will?  

Despite what many assume, funeral wishes written into a will are not legally binding in England and Wales. The law gives the executors of the estate, who may not be family members, the authority to decide how the deceased is laid to rest. 

This means: 

• Executors can choose to follow the funeral wishes in a will, but are under no legal obligation to do so. 

• Disputes can arise if there are disagreements between executors and family, or if multiple parties interpret the wishes differently. 

• Even if there is a clear written request for a particular method (e.g. burial rather than cremation), there is no legal mechanism to enforce it. 

In practice, most executors do try to honour the deceased’s wishes, especially if they are clearly expressed. But in cases of family breakdown, estrangement, or uncertainty, those preferences may be set aside. 

Pre-paid funeral plans: financial and practical peace of mind 

A pre-paid funeral plan is a financial product that allows you to pay in advance for specific funeral services, either in full or by instalments. These plans are designed to cover the costs of arrangements such as: 

• Funeral director fees 

• Cremation or burial charges 

• Transport, coffin, and care of the body 

• Certain administrative or ceremony-related costs 

Key benefits of a pre-paid funeral plan: 

• Cost certainty: You buy at today’s prices, protecting against future inflation. 

• Reduced burden: Loved ones aren’t left struggling with decisions or sudden costs. 

• Some control: While not legally binding, your plan provides a framework for your wishes. 

Important considerations: 

• A funeral plan does not make your funeral wishes legally binding. 

• Not all costs may be covered — extras like flowers, obituary notices, or specific religious rites may not be included. 

• The quality and flexibility of plans vary — it’s essential to read the small print. 

• Since July 2022, funeral plans have been regulated by the Financial Conduct Authority (FCA), offering increased consumer protection. 

A well-chosen plan can reduce stress for your family and give you reassurance that at least some key elements of your funeral will be managed according to your preferences. 

The law commission’s review: a shift towards reform? 

The question of whether a person’s funeral wishes should be legally binding is now under serious legal review. In December 2022, the Law Commission launched a major project: Burial, Cremation and New Funerary Methods. This review stems from growing concern that the current laws are outdated, fragmented, and unfit for modern society. 

At present, the law does not guarantee that a person’s own funeral wishes will be honoured, and disputes often arise when family members or executors disagree about arrangements. The Law Commission’s project aims to address these legal gaps and provide clarity, consistency, and respect for personal choice. 

The project is divided into three key strands: 

1. Burial and cremation

This strand will explore laws governing burial grounds and crematoria, including complex issues like the reuse of graves, a growing concern in overcrowded urban areas. This work is already underway and expected to run until early 2026. 

2. New funerary methods

Technologies such as alkaline hydrolysis (water cremation) and human composting are being explored in other countries. These environmentally conscious methods are currently unregulated in England and Wales. The Law Commission intends to create a future-proof regulatory framework, with a report and draft legislation expected by spring 2026. 

3. Rights and obligations: funerary methods, funerals and remains

Planned to begin in 2026, this strand will examine: 

• Whether funeral wishes should be legally binding 

• Who has the legal right to make decisions about a body  

• Issues surrounding public health funerals and unclaimed bodies 

This final stage could have far-reaching implications for personal autonomy and may finally provide individuals with legal protection over their post-death arrangements. 

The Law Commission plans to conclude with consultations, final reports and draft Bills, meaning that genuine reform could be on the horizon by 2027–2028. 

What should you do now? 

Until any legislative changes come into force, the current legal framework still applies. That means funeral wishes remain non-binding, and the final say will rest with your executors. 

However, there are practical steps you can take today to help ensure your funeral is conducted according to your values and preferences: 

Clearly record your wishes 

• Include your preferences in your will (but also record them in a separate document, as the will may not be read immediately). 

• State whether you prefer burial or cremation, any religious rites, songs, or location preferences. 

Appoint reliable executors 

• Choose someone you trust to respect your wishes and discuss your intentions with them in advance. Make sure that you tell about any funeral plan. 

Consider a pre-paid funeral plan 

• A plan can alleviate financial pressure and provide a helpful guide for those arranging your funeral. 

• Ensure your plan is FCA-regulated and offers enough flexibility to meet your personal preferences.

Conclusion

Planning your funeral may not be easy to think about, but it is one of the most personal and meaningful steps you can take to support your loved ones after you’re gone. While the law currently does not guarantee that your wishes will be followed, your voice can still be heard, with the right planning, communication, and documentation. 

As the Law Commission’s work progresses, we may soon see a future where your funeral choices are not just respected, but legally upheld.  

If you need any further guidance, contact our expert Wills, trust and estates team.