PART 3Arrangements
Adults and children
65Arrangements on death of adult
1
This section applies where an adult dies and—
a
the adult has not made an arrangements on death declaration, or
b
the adult has made an arrangements on death declaration but it would not be reasonably practicable to give effect to it.
2
The nearest relative of the adult may make arrangements for the adult's remains to be buried or cremated.
3
The nearest relative is the person who immediately before the adult's death was—
a
the adult's spouse or civil partner,
b
neither married to nor in a civil partnership with the adult but was living with the adult as if they were married to each other and had been so living for a period of at least 6 months (or if the adult was in hospital immediately before death had been so living for such period when the adult was admitted to hospital),
c
the adult's child,
d
the adult's parent,
e
the adult's brother or sister,
f
the adult's grandparent,
g
the adult's grandchild,
h
the adult's uncle or aunt,
i
the adult's cousin,
j
the adult's niece or nephew,
k
a friend of long standing of the adult.
4
If the adult's spouse or civil partner—
a
is permanently separated (either by agreement or under an order of a court) from the adult, or
b
has deserted, or has been deserted by, the adult and the desertion continues,
subsection (3) is to be read as if paragraph (a) were omitted.
5
Relationships in different paragraphs of subsection (3) rank in the order of those paragraphs and for the purposes of that subsection (including that subsection as modified by subsection (4))—
a
a relationship of the half-blood is to be treated as a relationship of the whole blood,
b
the stepchild of an adult is to be treated as the child of the adult.
6
Where more than one person falls within a paragraph of subsection (3)—
a
each such person ranks equally for the purpose of the paragraph, and
b
either (or any) person falling within the paragraph may be the nearest relative.
7
For the purposes of subsection (3), a person's relationship with the adult is to be left out of account if—
a
immediately before the adult's death the person was under 16 years of age,
b
the person does not wish or is unable to make arrangements for the remains to be buried or cremated, or
c
it is not reasonably practicable to communicate with the person in the time available.
8
In this section—
“adult” means a person who is 16 years of age or over,
“arrangements on death declaration” means a declaration by an adult specifying the person by whom the adult wishes the arrangements to be made for the burial or cremation of the adult's remains on the adult's death.
9
This section is subject to section 92 of the Public Health etc. (Scotland) Act 2008.