Who’s responsible for disposing of a body when the family refuse to?

This blog was co-authored by Annabel Lake and Ameliah McLaren-Parker

Background

Ian Huntley was a 52-year-old former school caretaker convicted in 2003 in connection with the murder of two 10-year-old girls, Holly Wells and Jessica Chapman.

Early this year, whilst incarcerated at Frankland prison, Huntley was reportedly hit over the head with a metal bar, leaving him on life support. On 7 March 2026, Huntley ultimately died due to his injuries.

It’s understood that Huntley’s relatives refused to bury him and declined the state-paid funeral offer out of respect for his victims.

His case has sparked public debate not only about criminal justice, but also about what happens after death - particularly when no one comes forward to dispose of a Deceased’s body, or openly refuses to.

While extreme, cases like this raise important legal questions about who has authority over a body after death and what happens when no one is willing to take responsibility.

Who has the Right to dispose of a Body?

In England and Wales, there is no concept of ‘ownership’ of a body. Instead, there is a duty to dispose.

If a Deceased left a valid Will, the duty to dispose of the body rests with the named executors in that Will. This applies even if family members strongly disagree, and this right generally prevails.

If a Deceased did not leave a Will, the person entitled to administer the estate under the Rules of Intestacy takes the responsibility. These rules provide an order of priority of who is most entitled to administer the estate. This order is as follows:

• Spouse or civil partner
• Children and descendants
• Parents
• Siblings (full blood)
• Siblings (half-blood)
• Grandparents
• Aunties and uncles

What happens if no one is prepared to dispose of a Body?

Under Section 46 of the Public Health (Control of Diseases) Act 1984, local authorities have a legal duty to bury or cremate any person who has died or been found dead in their area if no suitable arrangements have been made. This applies if there is no executor, administrator or next of kin able or willing to pay for a funeral. The local authority can recover the costs of any burial/cremation from the Deceased’s estate (if assets exist).

For an inmate who dies whilst in custody, a Ministry of Justice scheme may provide funding of up to £3,000 to cover a basic funeral and memorial service arranged through the prison chaplaincy. This is a discretionary, state-funded provision, which is ultimately funded through taxpayer money. Over 50,000 people reportedly signed a petition against Huntley being the recipient of the same provision. Consequently, it’s reported that Huntley was cremated and his ashes given to his family to scatter in private.

Ian Huntley’s Estate

If Huntley made a Will before he passed, his estate will be distributed in accordance with that Will. If he did not make a Will, his estate will be distributed in accordance with the statutory provisions laid out in the Rules of Intestacy.