Planning a funeral can be a difficult job, but it is often one that benefits from a clear vision and a conversation between one or two people and a funeral director. But what happens if that person hasn’t been named in the will? Knowing who has the legal standing to make these arrangements is vital to ensure your loved one receives the send-off they deserve without unnecessary family conflict.
In most circumstances, the responsibility for funeral arranging falls to the person named as the ‘executor’ in the deceased’s will. The executor is the individual legally tasked with managing the estate, and this includes the initial duty of laying the body to rest. Because a funeral often needs to be organised quickly, the executor usually works closely with a funeral director to begin the process before probate is even granted.
At Welham Jones, our family-led team has supported families across West Kent for over 30 years. We understand that while the law provides a framework, the reality is often a collaborative family effort. However, the legal right technically sits with the executor. They have the final say on the choice of funeral packages, the type of service, and whether the deceased is buried or cremated. If a “Letter of Wishes” exists alongside the will, it provides guidance, though these instructions are not always legally binding; they are, however, a powerful guide for the executor to follow.
When someone passes away without leaving a valid will (known as dying ‘intestate’), there is no named executor to take charge. In these cases, the law follows a strict hierarchy to determine who has the right to become the ‘administrator’ of the estate. The order of priority generally follows the Rules of Intestacy:
The hierarchy continues in a similar fashion until an appropriate executor is found, however, it is not all-encompassing and may not reflect your own personal circumstances or family structure. If you are the next of kin in this list, you are the person who holds the legal authority to sign the contract with a funeral director, whether you’re in Swanley or Sevenoaks. This person becomes responsible for the funeral arrangements, including selecting coffins and caskets and choosing the final resting place. If there are no close relatives, the responsibility may fall to more distant family members or, in some cases, the local authority.
Disputes can unfortunately arise during times of emotional distress, especially if family members disagree on the type of service or location. While your local funeral director in Tunbridge Wells or Tonbridge can act as a neutral advisor to help find a compromise, the law provides a “tiebreaker” through the order of priority mentioned above.
If two people have equal standing (for example, two siblings), they have equal rights to make decisions. If a consensus cannot be reached, a court can intervene to appoint an administrator, though this is a path most families wish to avoid due to the time and cost involved.
Our role as an independent, family-run business serving communities in Chislehurst and Bromley, Orpington and Chelsfield, and Borough Green is to demystify these legalities. We work with vicars, priests, and celebrants to ensure that even in the absence of a will, the focus remains on a respectful celebration of life rather than legal red tape. If the deceased passed away abroad, we also handle the complex repatriation of the deceased, ensuring the legal administrator is supported through every international regulation.
The best way to ensure your wishes are respected and to remove the legal burden from your family is through proactive funeral planning. By making your preferences known now, you prevent future disagreements between loved ones who may have different ideas of what you would have wanted.
One of the most effective tools for this is pre-paid funeral plans. These plans allow you to specify everything from the music played to the type of urn or headstone you prefer. For those over 60, these plans offer peace of mind that the financial and administrative decisions are already settled. It legally clarifies your intent, making it much easier for your family to work with a funeral director when the time comes, as the contract and the vision for the day are already established.
In the absence of a will, the legal right to arrange a funeral follows the government’s rules of intestacy, starting with the closest surviving relative, but planning early can help save confusion and bring focus back to what really matters.
If you are currently looking for a funeral director in Sevenoaks, Tonbridge, or across West Kent to help celebrate a loved one’s life, choosing the right words is a vital part of the funeral planning process. This guide explores the most moving funeral readings to help you find comfort and inspiration when arranging a funeral during what we know is a deeply emotional and difficult time
We are thrilled to announce that Simon Welham, Managing Director and co-founder of Welham Jones Funeral Directors, has been named Businessperson of the Year 2026 at the Tonbridge Business Awards.
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