A recent High Court case, Ofori-Kuma v Ofori-Kuma [2026] EWHC 2327 (Fam), highlights the difficult disputes that can arise when family members disagree about funeral arrangements and the wishes of the deceased.
The dispute arose following the death of Margaret Ofori-Kuma. Her adult daughters sought to arrange a cremation, relying on conversations in which they said their mother had expressed that wish. Her mother and sister opposed cremation, arguing that Margaret wished to be buried and pointing to family customs associated with the Akyem Abuakwa Royal Family in Ghana.
Under English law, responsibility for funeral arrangements generally rests with a deceased person’s personal representatives. Where there is no will, entitlement to administer the estate follows the order of priority set out in the Non-Contentious Probate Rules 1987, with children ranking ahead of parents and siblings.
The court dismissed the application brought by the deceased’s mother and sister and upheld the daughters’ right to make the funeral arrangements. It found that Margaret had expressed a wish to be cremated and that there were no special circumstances justifying departure from the normal order of priority.
Key takeaways
- A deceased person’s wishes, whilst not always legally binding, can carry significant weight where there is reliable evidence of those wishes.
- The courts will generally follow the statutory order of priority unless there are compelling reasons to do otherwise.
- Cultural and family traditions may be considered, but they will not automatically override the deceased’s wishes or the applicable legal framework.
- Clear written statements of funeral wishes can help reduce the risk of costly and distressing family disputes.
Why it matters
Funeral disputes are uncommon but often highly emotive. This decision is a useful reminder that, where disagreements arise, the courts will focus on the available evidence of the deceased’s wishes and the established rules governing who is entitled to make arrangements following death.
For those undertaking estate planning, recording funeral wishes clearly and discussing them with family members can help avoid uncertainty and conflict at an already difficult time.
How we can help
Our contentious probate team advises clients on disputes involving estate administration. If you are facing a disagreement following the death of a loved one, we can provide prompt and practical advice on the options available. To speak to Emma or other members of our team, please request a consultation.