Q&As

Where an individual wishes to be cremated and to have their ashes buried together with their late spouse's ashes (which are currently stored in their home), but where the individual's daughter (not an executor) already opposes this wish, what can the individual do to (1) protect their late spouse's ashes after their death and (2) ensure that the daughter does not inherit under the Will unless the joint burial of the ashes takes place? Could the gift in the Will to the daughter be made conditional?

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Produced in partnership with Alexander Learmonth KC of New Square Chambers
Published on: 17 May 2023

The personal representative (PR) has the power to direct funeral arrangements and disposal of the deceased’s body. This Q&A has not stated who is the PR of the individual’s late spouse, but if it is (only) that individual, and that individual is the executor of their late spouse (rather than just administrator), and the individual’s executor accepts that appointment after the individual’s death, then the chain of representation under section 7(1)

Alexander Learmonth
Alexander Learmonth, KC

Barrister, New Square Chambers


Alexander Learmonth QC is a leading silk in contentious trusts and estates matters. He is the editor of Williams, Mortimer & Sunnucks on Executors, Administrators and Probate and of Theobald on Wills, and a contributor to the Law Society’s Probate Practitioner’s Handbook. He has appeared in many leading cases in the area, including Marley v Rawlings in the Supreme Court. He was named STEP’s Advocate of the Year in the 2020 Private Client Awards, and is recommended in the Legal 500 and the Chambers UK Bar and HNW directories.

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United Kingdom

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