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Burial Act 1857

Comment 12th July 2010

I would like to see the Burial Act 1857 amended or removed. I believe it is outdated and not relevant to the democratic way we strive to adopt our lives in the modern 21st Century. My reasons are as follows.


Following the death of my mother, my middle brother and a member of a well known Christian organisation took me, my sister and my eldest brother to Court to prevent us from burying our mother. This was at the ‘eleventh hour’ two days prior to our pre-arranged mothers’ burial. They were able to gain a Court injunction even though the majority of the family were against this because of an Act of Parliament called the Burial Act 1857.


They went on to cremate our mother causing the rest of the family huge amounts of emotional stress at one of the lowest points in our lives. The reason we were given that our mother supposedly wanted to be cremated was due to costs. However we would have been happy to have born all costs to lay her to rest beside our father and her husband of 40 plus years.

Why does this matter?

I believe that this Burial Act 1857 is outdated and in need of review and modernisation. This is not just because the judgement went against us, but when something as emotional and sensitive as laying to rest of a close relative the majority of the family view should be the overriding decision that is made. To me that seems fair and democratic. 


So my idea is that the Burial Act 1857 be repealed or modernised, to be made clearer and fairer. This may not affect a large amount of people but the ramifications are great. Imagine having a funeral and now body to bury it one of the worst feelings in the world.


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