Death presents a practical challenge: once the deceased is no longer able to take care of their body someone else must do so. In many cases a funeral provides emotional release and comfort. However, disputes can arise when more than one person claims to be entitled to direct the disposition of remains. In the Hong Kong context such disputes may arise not only at the time of death, but later in relation to exhumation and changes in storage arrangements. This seminar will consider the law of disposition of mortal remains, with a particular focus on the sometimes-bitter disputes over rights to possession of the body for lawful burial.

The seminar will be of interest not only to practitioners who advise on such issues in the context of estate planning and probate, but also to anyone interested in how this area of law balances a range of private and public interests, for example:

• the right of a personal representative to arrange a funeral;
• the need for expediency in handling remains;
• the deceased’s own directions as how their body should be handled;
• the interests of those who wish to mourn, often over objections from others;
• cultural beliefs about the co-location of the living and the dead; and
• tensions over land utilization, as reflected in Hong Kong government lease covenants and recent green burial initiatives.

About the Speaker:
Jonathan Glusman is a professional consultant at the Faculty of Law of the Chinese University of Hong Kong whose teaching focuses on land and property law, privacy law, and insurance law. He is admitted in Hong Kong and in Illinois, United States.

*The Law Society of Hong Kong has awarded this seminar 1 Continuing Professional Development (CPD) point.