Barry:
If the deceased person left a will (which would seem to be unlikely in the case of Hardy49's brother, as I assume that he didn't have much to leave), you're correct in stating that the executor of that will has a legal obligation to pay for the costs of the funeral from the estate of the deceased. If there's insufficient money in the estate to pay for the funeral, the executor has to meet the cost from his/her own pocket (unless, wisely, he/she has renounced executorship as soon as the problem came to light!)