Who can make Funeral Arrangements for a Loved One?

Who can make Funeral Arrangements

for a Loved One?

15th October 2026 by Mears Family Funerals  

When someone dies, the person who makes the funeral arrangements is not always simply the closest relative. In the UK, the legal and practical position usually depends on whether the person who died left a will, whether an executor has been appointed, and whether the family can agree on what should happen.

In many cases, the next of kin takes the lead because they are the person hospitals, care homes and public services first speak to. But being described as the next of kin does not automatically give someone the final legal right to decide everything. Understanding that difference can prevent confusion at a very difficult time.

What next of kin usually means after a death

In everyday UK use, “next of kin” usually means the closest living relative or the person most closely connected to someone. After a death, people often use the term to mean the person the hospital has on record, the person contacted first, or the person expected to deal with immediate practical matters.

That is why the phrase comes up so often when someone dies. A ward, hospice, nursing home or GP surgery may ask who the next of kin is. Family members may also use it as shorthand for “the person in charge”. In practice, that can be a spouse, civil partner, adult child, parent or sibling.

In England and Wales, however, next of kin is not a single legal status that automatically gives decision-making authority over the funeral. It is an important practical term, but it does not override a valid will or the rights of an executor. This is one of the most common points of confusion we help families with at Mears Family Funerals.

It is also worth knowing that the UK position is more specific than the broad way the term is sometimes used elsewhere. People may assume that being the next of kin gives the same rights in every country, but funeral authority and estate administration depend on the law of the part of the UK involved and the documents left behind.

Who has the right to arrange the funeral

Usually, the person with the strongest legal right to arrange the funeral is the executor named in the will. The executor is responsible for carrying out the wishes in the will and dealing with the estate. That commonly includes appointing the funeral director, giving instructions about burial or cremation, and agreeing the practical details.

If there is a valid will and the executor is willing and able to act, that person normally takes priority over other relatives, even if another family member is the next of kin in everyday terms.

If there is no executor acting, the role often falls to the closest relative, especially where the family is in agreement. In practical terms, that is often:

• a spouse or civil partner
• an adult son or daughter
• a parent
• a brother or sister
• another close relative

An unmarried partner may be the person everyone recognises as closest to the deceased, and they may be the one who arranges the funeral in practice. But where there is a dispute, legal priority can become more complicated if they were not named as executor and were not married or in a civil partnership.

Funeral wishes in a will are important and should be taken seriously, but strictly speaking they are usually treated as wishes rather than binding instructions. If the executor is arranging the funeral, they will normally try to follow them unless there is a strong practical reason not to.

Where cremation is planned, additional forms and authorisations must be completed. Where burial is planned, the person arranging the funeral may also need to deal with cemetery or churchyard requirements. If the person died abroad or needs to be returned overseas, the authority to instruct Repatriation can also depend on who is legally entitled to act and what documents are available.

What happens if there is no will

If there is no will, there is no named executor. In that situation, the person with priority to deal with the estate is usually the person entitled to apply to administer it. In England and Wales, this follows the rules of intestacy, starting with a surviving spouse or civil partner, then children, then other relatives in order.

Families often need to act before a grant of representation has been issued, because funeral arrangements cannot wait. In practice, the funeral director will usually take instructions from the person who appears to have the clearest entitlement and the support of the immediate family.

That is why agreement matters so much. If a surviving spouse or civil partner is present and willing to act, they will usually be the person expected to take the lead. If there is no spouse or civil partner, an adult child often does so. If there are several children or several siblings, one person may be nominated to speak for the family.

Where there is no will, it helps to gather the basic documents quickly, including:

• the medical certificate of cause of death, where applicable
• the death certificate once the death has been registered
• any written funeral wishes
• identification for the person giving instructions
• details of any funeral plan or insurance policy

If families cannot attend in person straight away, we can often help them move matters forward and explain how funeral arrangements can be discussed over the phone.

What if family members disagree?

Disagreements about funerals are sadly not unusual. They can arise over burial or cremation, location, religion, timing, attendance, or cost. Tension is often strongest where there is no will, no clear written wishes, or a difficult family history.

If relatives disagree, the first step is to identify who has the legal authority to give instructions. If there is an executor, that usually settles the question. If there is no will, the family should try to identify who has the strongest claim to act under the intestacy order and who is prepared to take responsibility.

Where there is more than one person with an equal relationship to the deceased, such as several adult children, practical agreement is usually the best way forward. One person can be chosen to instruct us, while key decisions are discussed together.

We encourage families to focus on the decisions that cannot wait:

• whether burial or cremation is intended
• whether there are known wishes from the deceased
• whether there are faith or cultural requirements
• whether the funeral needs to take place quickly
• who will sign and approve the arrangements

A funeral director cannot decide a family dispute for you, but we can help keep the process calm, clear and documented. We can explain what decisions are urgent, what can wait, and where compromise is possible. For example, a family may agree on cremation now, while taking more time over Memorials, ashes, an Order of Service, or keepsakes such as Fingerprint Jewellery or Ashes into Glass.

If the disagreement is serious and no one will step back, legal advice may be needed. In some cases, a court can decide who has the right to take possession of the body and arrange the funeral, but families usually want to avoid that because it adds delay, cost and distress.

What the next of kin may need to do first

In the first few days after a death, the person taking the lead often has several urgent tasks. If you are the next of kin, or the family member acting on behalf of the next of kin, these are usually the first steps.

First, confirm where the person is being cared for. They may remain at a hospital mortuary, hospice, nursing home, coroner’s mortuary, or be brought into the care of a funeral director. We can explain our Chapel of Rest and our Care Centres if the family wishes to spend time with their loved one before the funeral.

Second, register the death. In England and Wales, a death should normally be registered within 5 days, unless the coroner is involved. Registration is usually done at the local register office for the area where the death occurred. You will normally receive the death certificate and, where applicable, the Certificate for Burial or Cremation, often known as the “green form”, which allows the funeral to proceed.

Third, contact a funeral director. We will talk through the type of funeral required, timescales, transport, care of the deceased, and the documents needed. Families often need help deciding between a Bespoke Funerals service, a Basic Funeral, or Direct Cremation. Some also ask about options such as a Traditional Horse Drawn Funeral, floral tributes, Cremation Caskets, Cremation Urns, or coffins made by Somerset Willow.

Fourth, discuss whether burial, cremation or Repatriation is needed. Repatriation involves additional paperwork and coordination, which may include consular documents, flight arrangements, embassy requirements and local authority permissions.

Finally, keep a written note of who is making decisions and what has been agreed. That can prevent misunderstandings later, especially in larger families.

If you are comparing options, our funeral planning support by phone can help you start arrangements promptly. If you need local support, you can also see where our branches are open to help families.

How planning ahead can make things easier

The clearest way to reduce uncertainty is to record wishes in writing and make sure the right people know where to find them. That does not need to be complicated. A will, a letter of wishes, notes about burial or cremation, and a record of important contacts can all make a real difference.

If someone has strong feelings about the type of funeral they want, who they want involved, or whether they would prefer burial, cremation or Direct Cremation, writing that down can spare the family from guessing. It also helps to record practical choices such as music, readings, clothing, flowers, or whether donations should be invited instead.

A will is particularly important because it allows an executor to be appointed. That gives the family a clearer legal starting point and can avoid arguments over who should take charge. We often suggest that families review funeral wishes at the same time as wider Wills & Probate planning.

Planning ahead can also include discussing costs, preferred funeral style and memorial choices. Some people want a simple service. Others want a church funeral, a secular ceremony, or something more personal with a bespoke Order of Service and later Memorials. Some families also want guidance on what guests may expect, which is why practical Funeral Etiquette Guides can be useful.

At Mears Family Funerals, we see every day how much easier it is when one person has been clearly identified to act, the family has had honest conversations, and the main documents are in order. Even a short written note can give the next of kin, the executor, or the person arranging the funeral far more confidence at a time when clear thinking is hardest.

If you are planning ahead or arranging a funeral now, we can guide you through each step, explain the paperwork, and help you make decisions that feel right for your family. You can also use our online estimate tool for funeral costs as a starting point before speaking with us directly.