The Funeral
Gordon Bowley practised as a family solicitor for over thirty years, with particular experience in the area of wills and probate. This book is a result of his decision to write a step-by-step guide for his own family, giving them the procedures to follow and the information they will require to wind up his affairs themselves. He is based in Upminster.
THE CEREMONY
No ceremony is necessary at a funeral but it is unusual not to have one. If there is to be a ceremony it need not be a religious one and can follow any form, but if clergy are to be involved in a ceremony, they will insist that nothing which is contrary to their beliefs or senses of decorum and propriety is included. If there is to be a religious ceremony the coffin is sometimes taken to the church the previous evening to await the funeral service, but more usually on the day of the funeral.
On the day of the funeral, if the coffin has not lain in the church overnight, the hearse and any additional cars arrive at the place where the principal mourners have met (usually the deceased’s house or a relative’s house) before proceeding to the church, cemetery or crematorium. If there is to be a ceremony the chief mourners lead the other mourners into the church or crematorium chapel following the coffin and sit in the front row. If there is to be a burial after the ceremony mourners follow the coffin to the grave where a much shorter ceremony of committal takes place as the coffin is lowered into the grave. Sometimes the family request that the committal is a private committal restricted to the family and a few chosen close friends. After the burial (or after the ceremony if a cremation and not a burial is involved) the chief mourners stop for a few minutes to thank the other mourners for attending and then all are free to leave.
It has been known for burglars to scan the press for details of forthcoming funerals and the deceased’s address should not be given in any press notices. Sometimes it is arranged for ‘house-sitters’ to stay in the house while the funeral takes place for security purposes and to ensure that refreshments are ready and to welcome the mourners when they return.
DEALING WITH COMPLAINTS
If there is a complaint against the funeral director, first make a direct approach to him. If the complaint cannot be resolved directly with him, try contacting the local authority’s Trading Standards Department. If it proves impossible to resolve a complaint against a funeral director who is a member of a trade association which has a conciliation scheme, a request to the association to look at the matter under its scheme might bring a satisfactory result. If all else fails one can always seek redress through the local small claims court.
MEETING THE COSTS OF THE FUNERAL
The person who arranges the funeral is contractually liable to pay the bill, but an executor or the administrator of an estate who pays for the funeral has a legal right to be reimbursed by the estate if the deceased’s estate is sufficient to cover the cost. If there is no one able or willing to meet the cost of the funeral, the local authority or, if the deceased died in hospital, the local health authority for the area in which the deceased died will arrange the funeral. If the health authority or local authority arrange and pay for the funeral they also have a right to reimbursement from the estate.
Existing grave space
A search through the deceased’s papers might produce a deed of grave space showing that space in an existing grave or a new grave has already been paid for, but remember that the cost of the funeral is more than the cost of a grave. A hearse, funeral cars, any minister and grave diggers, etc. all have to be paid for, so it is as well to get a quotation before entering into a commitment.
Funeral prepayment plans
The deceased may have made arrangements for payment of the cost of the funeral to be made from a funeral prepayment plan, and some occupational pension schemes, professional bodies, provident clubs and trade unions might make a payment towards funeral costs.
Many funeral prepayment plans have the advantage that the funeral is paid for at the prices prevalent at the date of payment and the worries of inflation and future financial difficulty are avoided. It is vital that anyone considering taking out a plan for their own funeral must read the small print and check exactly what is included, and whether or not the plan is inflation proof. Although such plans may protect against inflation they have the disadvantage that the cost is paid up front, earns no interest and provides no income for the payer from the time it is paid.
It is also necessary when contemplating a plan to be certain it has a sound financial base and that that there will be adequate funds available if the plan provider is in liquidation or has disappeared at the appropriate time. If a provider is authorised by the Financial Services Authority the plan will be covered by its compensation scheme. If it is not regulated by the FSA, at least check that its funds are held in a trust fund that has a major bank or insurance company as the trustee, that the fund’s accounts are regularly audited and are invested upon the advice of a well known and long established FSA licensed investment manager.
Membership of the Cremation Society or private crematoria
Shareholders in certain funeral companies and private crematoria sometimes get a reduction in the funeral costs and members of the Cremation Society are sometimes able to claim a reduction in fees.
Serving members of the armed forces
The Ministry of Defence will assist with the cost and type of funeral, the precise help given depending on the place of death, the type of funeral requested and the place where it is to take place.
War pensioners
If the deceased was a war pensioner who fulfilled certain conditions, a non-repayable grant to help with the cost of a basic funeral is available. Enquiry should be made of the War Pensions Agency.
The Social Fund
A partner or other person who reasonably assumed responsibility for a funeral in the absence of a partner or close relatives able to meet the cost, and who is receiving:
- Income Support or
- Income based Jobseeker’s Allowance or
- Housing Benefit or
- Council Tax Benefit or
- Pension Credit or
- Child Tax Credit at a rate higher than the family element or
- Working Tax Credit for a disabled worker
can sometimes obtain a contribution towards the cost of the funeral from the Social Fund. Application must be made on form SF200 to the local social security office within three months of the date of the funeral.
Bank and building society accounts and National Savings
Unless the deceased had a joint bank account or the total value of the estate was less than £5,000, money in a clearing bank account will not normally be available to meet the cost of the funeral until a grant of probate of the will or letters of administration have been issued by a probate registry, but if there is pressure from the funeral director for payment, a building society account or National Savings investments can sometimes be used to pay the funeral bill before the grant has been issued. Enquiry should be made of the building society or the appropriate department of National Savings and Investments.

