Fortunately, in most circumstances, it is reasonably clear who has the authority to make funeral arrangements, and other family members ideally work together. In cases where someone else is making arrangements on behalf of the nearest relative, say of a surviving older parent less able to make the arrangements, it is usually clear that all the relevant family members are working in general agreement.

Unfortunately there are some cases where there is disagreement as to who can make the arrangements.  Below we set out the legal criteria for Scotland as to the hierarchy of those who have authority to arrange a funeral.  It is your responsibility as someone making funeral arrangements to be satisfied that you have the authority to do so.

Where an adult, prior to death, gives a clear instruction as to who should arrange their funeral (preferably in writing), this instruction takes precedence.  The appointment of an Executor alone will not direct who can arrange the funeral unless the appointment specifically states that the Executor (or any other named individual) should also arrange the funeral.

Where no such clear directive is left, The 2016 Burial & Cremation (Scotland) Act provides the following hierarchy for defining “nearest relative” and therefore who can arrange the funeral:

• Spouse or civil partner;
• Cohabitant for at least 6 months;
• Child (including step-children);
• Parent;
• Sibling;
• Grandparent;
• Grandchild;
• Uncle or Aunt;
• Cousin;
• Niece or nephew; or
• Longstanding friend.

Where there may be an unfortunate situation of disagreement as to who can arrange the funeral, we as funeral directors can give you our best understanding of the law.  However, ultimately, any dispute that cannot be resolved within the family may require legal intervention.