To whom does a dead body belong?

[Dilbertian]

I can't find a clear answer, only discussions. Does anyone know the answer? Can anyone point me to a reputable, current source of info?

Their immediate next of kin?

What do you mean? Who gets to decide what happens to it?

www.everplans.com/articles/who-has-the-right-to-make-funeral-decisions

I think the immediate next of kin. I don't know about the term belong. But they will have the say in what happens next re burial and religious service. Unless people like a coroner are involved.

That link is to an American site. In the UK, it’s the executor of the will. www.elm-online.co.uk/who-has-the-legal-right-to-organise-a-funeral/

Next of kin of mine then the state ie council for a paupers funeral .. not sure if it’s still called that but it would be like a cremation only funeral, no friends just a simple but meaningful service setting the body to rest in piece

This is interesting - no idea if it’s a reputable source of information, though www.goodfuneralguide.co.uk/bereavement-leave-statutory-entitlement/

There’s a section in the above linked page that explains who has the right to take possession of a dead body.

Next of kin have the responsibility of making arrangements but since they can't take them home and stuff them and if nok decline to pay for funeral they cannot be made to and the state steps in and buries them I'd have to say the government 'owns'/has ultimate responsibility for the dead

Belong is a misnomer really, 'ownership' over a deceased body does not exist in those terms for a corpse. Legally there is no tenet for this. There is no legal allocation for 'quasi property' (as it is known) of a body outside the legal rights to burial.

For the purpose of burial only a corpse is considered to be quasi property, rights held by executor and/or next of kin. Once buried a body is considered part of the ground it is placed in and cannot be removed without relevant legal application.

If the issue is the dispute over method of burial it can be complex, last will and testament is not binding in this respect. Right to possession of a body after death is also dependent on circumstance - eg, the hospital may temporarily retain it, the coroner may, then upon release to a named executor, or next of kin via intestacy.

In the above situation the named executor ultimately has responsibility to enact burial as they see fit, regardless of last will and testament or wishes of next of kin, though obviously you would hope these would be taken into account.

With a cremation it is less clear cut, ashes must be collected by the person who delivered the body for cremation as far as I'm aware, as per the contract with the funeral director. Past that point there is still no legal ownership, just possession in whatever form is agreed civilly.

OP should you wish you can view the regulations for burial online by googling them or visiting legislation.gov.uk - Regulation 30 relates to ashes disposal.

If you have a specific case ypu are dealing with then it would be best to speak with a solicitor who specialises. There is a lot of grey area, disputes are famously difficult to solve legally, but you cannot own a body.

Whoever they’re going to come after to pay for the funeral I suspect.

Fortunately there is no issue here. It's just an interesting subject that came up in conversation.

There doesn't appear to be any ownership of corpses, only the right or duty to do a restricted range of things with them (to them?).

If a corpse becomes part of the earth it is buried in, does the coffin also?

Does it make a difference if the corpse is in parts: are body parts considered in the same way as the whole corpse? What about body parts that are amputated from a living person?

It won't directly answer your questions, but you'd be a good person to recommend the bill Stiff to, by Mary Roach.

More a responsibility for than ownership of, I suppose. Interesting, I've never really thought about it.

@Dilbertian

Fortunately there is no issue here. It's just an interesting subject that came up in conversation.

There doesn't appear to be any ownership of corpses, only the right or duty to do a restricted range of things with them (to them?).

If a corpse becomes part of the earth it is buried in, does the coffin also?

Does it make a difference if the corpse is in parts: are body parts considered in the same way as the whole corpse? What about body parts that are amputated from a living person?

Very simply:

There’s no ownership. Just responsibility. This could be the executor of the wills responsibility but usually it’s the next of kin.

Depends how biodegradable the coffin is. There’s a big push for biodegradable coffins. Many aren’t though.

It doesn’t make a difference if the corpse is in parts, it is treated as an entire body/human remains.

Body parts amputated from a living human are kept if there is histopathological examination to be carried out if needed and then incinerated. If not, it is just incinerated.

Body parts amputated from a living human are kept if there is histopathological examination to be carried out if needed and then incinerated. If not, it is just incinerated.

Could the patient take them home if they wanted to? Have them picked or stuffed, for example?

For that matter, do we have actual ownership of our own bodies?

I was under the impression that when a person dies, their body becomes the responsibility of the council’s environment department. (This is in England, it might vary elsewhere.)

Typo

environment = environmental health department

I may be over simplifying (it's Sunday night after all) but would it not be the same principle as a living person? You can't own a person, but you can have responsibility FOR a person if they are unable to be responsible for themselves - age, mental capacity etc.

Surely, when you're dead you are totally unable to be responsible, so someone has to take over? Still doesn't mean they own your ass though 🤷🏻‍♀️

@Dilbertian

Body parts amputated from a living human are kept if there is histopathological examination to be carried out if needed and then incinerated. If not, it is just incinerated.

Could the patient take them home if they wanted to? Have them picked or stuffed, for example?

For that matter, do we have actual ownership of our own bodies?

In many states/countries the answer would be no to that. Not able to terminate a pregnancy for example.

With a cremation it is less clear cut, ashes must be collected by the person who delivered the body for cremation as far as I'm aware, as per the contract with the funeral director.

Whoever PAID for the cremation, I think. I drove 5 hours to collect my dad’s ashes because mum just wanted them disposed of by the crematorium. I had to get my uncle to email the crematorium to release the ashes to me as he had paid for the cremation. (He was abroad on the day I collected).

@Dilbertian

Body parts amputated from a living human are kept if there is histopathological examination to be carried out if needed and then incinerated. If not, it is just incinerated.

Could the patient take them home if they wanted to? Have them picked or stuffed, for example?

For that matter, do we have actual ownership of our own bodies?

You generally aren’t allowed to do this, although Ranulph Fiennes has his fingertips that came off when he got frostbite.

A dead body belongs to the Queen.
Property of the state.
In which case, she can pay for my funeral if she wants me that badly.

When my brother died we organised his funeral without any reference to his wife as she wouldn't speak to us. She didn't even turn up on the day.