Review of Outdated Laws Governing Disposal of the Deceased by the Law Commission of England and Wales
The Law Commission of England and Wales is embarking on a review of the outdated laws that govern the disposal of the deceased, with the aim of modernizing them to meet the needs of contemporary society. Currently, the rules surrounding the handling of a person’s body after death are complex and lack flexibility, leading to disputes among family members.
The Commission’s project will begin with a scoping phase to identify the issues to be addressed in the review and agree on terms of reference with the Government. The ultimate goal is to create a new set of laws that provide greater legal clarity and respect the wishes of the deceased, while also accommodating new and alternative methods of disposal beyond traditional burial or cremation.
Professor Nick Hopkins, Family Law Commissioner at the Law Commission, emphasized the importance of ensuring that loved ones are treated with dignity and respect after they pass away, regardless of background or belief. The current laws, he noted, are outdated and do not adequately protect the wishes of the deceased, making it crucial to develop a framework that is responsive to the needs of modern society.
Rachel Waller, Partner at Bishop & Sewell, highlighted the lack of flexibility in the existing laws governing the disposal of the deceased, pointing out the potential for new environmentally sound practices such as natural organic reduction (human composting) to be considered in the review. This method, legal in six US states since 2019, could offer a more sustainable alternative to traditional burial or cremation.
As the Law Commission moves forward with its review, it is expected to explore changes to the legal status of a person’s wishes regarding their body after death, as well as the rights of others to make decisions about the method of disposal. The ultimate goal is to create a new framework that works for all and reflects the values and needs of modern society.
