Jersey's rules on cremation are being modernised for the first time since the 1960s.
The island's Health Minister, Deputy Tom Binet, says the current rules are “extremely outdated” and have “caused unnecessary distress and costs for some bereaved families.”
If his proposition is approved by States Members, doctors would no longer be blocked from authorising a cremation just because someone left written instructions against it in an old will or document — even if family members say the person later changed their mind.
The Minister says this can leave families facing delays, added expense, and the risk of a cremation being refused despite “strong supporting family testimony.”
Under the proposals, responsibility for decisions would sit more clearly with the executor of the estate or close relatives, rather than doctors being expected to assess what a will means.
Deputy Binet argues a medical referee’s role should focus on confirming the medical cause of death, rather than “attempting to determine any legal position regarding the deceased’s written wishes or will.”
The Minister is also proposing to widen who can countersign the cremation application, to reduce barriers for families. The report says the current list is “overly restrictive”, and can be awkward — including because it may force people to reveal personal details such as whether they own property.
Alongside that, the cremation application form would be updated, including a new question about implants such as pacemakers and other devices that can pose safety risks during cremation.
If politicians agree the changes, they would come into force seven days after they’re adopted in the States Assembly.
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