By Katie Hanson TEP – Legal Services Director, Prestige Legal Services
While reading a recent article in the STEP Journal, I came across the fascinating topic of water cremation—a growing eco-friendly alternative to traditional burial and cremation. It struck me how relevant this could be to the conversations I’ve had with clients about funeral wishes, particularly as environmental concerns increasingly shape people’s decisions.
I wanted to share some insights into this emerging practice, based on the article, including its implications, and the challenges it can pose for families, executors, and beneficiaries.
What is Water Cremation?
Water cremation, often referred to as Aquamation or Resomation, is an innovative method of body disposal using a process called alkaline hydrolysis. The body is placed in a pressurised chamber filled with a heated solution of water and alkaline chemicals, which gently breaks it down, leaving only the bones. These are then powdered and returned to the family, much like the ashes from a traditional cremation.
The process is not only gentler on the environment but also avoids the use of a coffin, making it a greener option for those looking to reduce their carbon footprint. The procedure itself varies in duration—Resomation takes about four hours, while Aquamation can take up to 14 hours.
Why Are More People Considering Water Cremation?
One of the main drivers behind the rise in water cremation is its environmental benefits. Traditional flame cremation is energy-intensive and releases significant greenhouse gases. In contrast, water cremation uses five times less energy and reduces emissions by approximately 35%, according to the UK-based firm Resomation.
Archbishop Desmond Tutu famously requested water cremation for its eco-friendly nature, inspiring others to consider this alternative. While public awareness remains low—research by YouGov found that only 11% of UK adults were familiar with the concept—once explained, nearly 30% said they would choose it if it were available.
Availability and Costs in the UK
Although water cremation is not legally restricted in the UK, its availability is limited due to the high costs of installation—over £300,000 for the required facilities. Co-op Funeralcare made headlines in 2023 when it became the first UK provider to offer Resomation services, paving the way for wider adoption.
Cost-wise, water cremation is expected to fall within the same range as traditional flame cremation. A direct cremation typically costs around £1,600, while a simple funeral service with cremation is approximately £4,000. However, if the body needs to be transported abroad for water cremation, the costs can escalate significantly as expected.
Legal Challenges and the Role of Executors
Funeral wishes are often a source of family disputes, particularly when unconventional methods like water cremation are involved. Under UK law, there is no ownership of a body. However, executors or personal representatives (PRs) have a duty to ensure its proper disposal. This responsibility grants them the right to make decisions, even if the deceased’s preferences are known but not legally binding.
In cases where disputes arise, courts typically consider the following:
- The deceased’s expressed wishes.
- The reasonable requirements and preferences of grieving family members.
- The deceased’s geographical and cultural connections.
- The importance of respect, decency, and prompt disposal of the body.
Notably, in Anstey v Mundle, the High Court prioritised the deceased’s wishes as stated in their Will over the preferences of some family members, ruling that the body should be buried in Jamaica despite the added cost and delay. This case underscores the importance of documenting funeral preferences clearly.
The Financial Implications
The costs associated with funeral arrangements can impact the estate and, consequently, the beneficiaries. Executors must balance their duty to honour the deceased’s wishes with their obligation to manage the estate responsibly.
For example, if water cremation is significantly more expensive than alternative methods, executors may face challenges, especially if beneficiaries object. In such cases, seeking the court’s blessing under Part 64 of the Civil Procedure Rules can provide clarity and protection. However, as demonstrated in cases like Anstey v Mundle, litigation can be both costly and emotionally taxing.
Preventing Disputes
The rise in green burial options, such as water cremation, is likely to lead to more disputes over funeral arrangements. To avoid this, I always advise clients to:
- Document their wishes clearly: Including funeral preferences in a will or a separate letter of wishes can guide executors and reduce ambiguity.
- Communicate with loved ones: Open conversations about funeral preferences can help align expectations and prevent disagreements.
- Pre-arrange and pre-pay funeral plans: This ensures that financial and logistical concerns are addressed in advance.
The funeral sector has always seemed a little bit backwards in that new advancements don’t often come around. You could liken it to the legislation in the estate planning sector, but water cremation represents a new chapter in how we approach funerals, offering an eco-friendly alternative that aligns with modern values. However, as with any innovation, it brings legal and logistical challenges. For those considering this option, careful planning and clear communication are essential to ensure that their wishes are respected without burdening their families or executors. It’s better to have an understanding of it should it pop up with clients and we hope that this article serves as an introduction.
At Prestige Legal Services, we are here to provide guidance and support in navigating these complex issues. If you would like to discuss how water cremation or other green burial options could fit into your estate planning, please don’t hesitate to contact us.