What Happens if Family Members Disagree About Where Someone Should Be Buried?

Few things make an already painful week harder than relatives disagreeing about where someone should be buried.

Where possible, address the disagreement before the burial day. Pasted text

Is there one relative who automatically decides?

The source material notes that Kenya does not have one simple rule giving a single relative an automatic answer in every burial dispute.

Courts have considered matters such as:

• customary law
• family relationships
• deceased person’s wishes
• marital relationships
• particular circumstances of the family

What if agreement cannot be reached?

If the disagreement becomes serious, obtain legal advice early.

Waiting until the hearse is booked and the grave is already prepared can make the conflict more difficult and expensive.

What should the funeral home do?

A funeral home can:

• preserve the body
• assist with arrangements once instructions are clear
• explain its practical requirements

It should not decide a family or land dispute.

The better approach

Where possible, appoint respected family representatives to discuss the disagreement before positions harden.

A burial should be a farewell.

It should not become the place where unresolved family disputes are finally fought.