Often family members are aware of their loved one’s funeral wishes when they die including whether they would prefer to be buried or cremated. Family members may have discussed or agreed where they would like their loved one’s ashes to be scattered. However, there isn’t always agreement from the surviving family members which, according to B P Collins’ contentious probate team, can lead to disputes amongst them at a time when emotions run high.
The Hoarean v Read case
These issues were considered in the recent High Court case of Hoarean v Read [2026], Theo Read (aged 18) died as a result of misadventure after stepping on a live rail. His father, Paul Read, and his mother, Julie Hoarean disputed who should arrange Theo’s funeral and what should happen to his ashes. Paul and Julie had been separated for many years, with Theo being 8 years old when he was removed from his mother’s care. Theo’s parents agreed that his body should be cremated, but could not agree as to what should happen to the ashes. Theo’s father wanted the ashes to be scattered on Dartmoor, and his mother wanted them divided so that she could place half of his ashes in her family grave. Theo had died intestate meaning that he left no Will, therefore both his parents were equally entitled to be appointed as administrator of his estate.
Who has the legal right to arrange a funeral?
Only the administrator or executor has the power to arrange the funeral but, in most circumstances where the family is in agreement, funerals take place before a grant of probate or letters of administration is issued. In this instance, given the parents were in deadlock, the court had to step in to make a decision. Under section 116 of the Senior Courts Act 1981, the court has the power to intervene in special circumstances, with any outcome always being fact-sensitive.
The Court’s powers and decision
In this case, given Theo’s breakdown of relations with his mother, the court found in favour of his father’s wishes and issued a limited grant which gave him the power to deal with the funeral only and on terms dictated by the court.
Under the terms dictated, Theo’s father was entitled to scatter the ashes on Dartmoor, although Theo’s mother was entitled to (1) spend time with her son’s body before cremation, (2) hold a memorial service, (3) attend both the cremation and scattering of the ashes, and (4) for a commemorative plaque to be placed at a cemetery (of her family grave) where she would be able to go and pay her respects.
In other cases, the court can grant interim injunctions to prevent making funeral arrangements as well as taking possession of a person’s body. An injunction can also stop a party applying for a grant of probate over their child’s estate.
Practical implications
Cases like Theo’s are rare. Typically, there is common agreement (amongst family members) for the quick and respectful disposal of their loved one. In the sad case of Theo Read, the dispute between his parents prevented Theo’s cremation from taking place until more than four months after his tragic death. In many cases even where the family cannot agree, the costs of legal proceedings are often prohibitive, particularly if injunctive relief is required.
Whilst Theo’s mother didn’t achieve her wish of having half of the ashes interred in her family grave, the court was willing to put provisions in place to ensure that she could commemorate her son in a dignified way. This decision highlights that disputes concerning funeral arrangements are highly fact specific and will be determined on a case‑by‑case basis.
Advice from B P Collins’ private client team
While funeral wishes in a Will or a side letter of wishes accompanying your Will are not legally binding, they can carry significant weight and may assist in preventing conflict.
It is also helpful to have an executor/ administrator in place who you trust and who understands your funeral wishes for when you die.
Regardless of your age, it is important to consider this so that your surviving family members are aware of your wishes. If Theo had undertaken these steps, it would have avoided a debate over the ambiguous nature of his wishes and it would have clarified how he would have wanted his disputed parents to act.
Should you be experiencing a dispute such as discussed in Theo’s case, please get in touch with our contentious probate team at enquiries@bpcollins.co.uk or 01753 889995 who will be able to assist you further.
