The souls of the Undead are partially attached to their corpses. As stated in recent lore, not all Undead are fortunate enough to have the same mind set as they had in life.
I think we can all agree that for the most part the Undead aren’t the same people they were in life(not saying all). They should not be penalized for not making the same choices they would have in life because their souls have been changed.
Speaking of NEs, if Summermoon and Sira died today I don’t think they should be shipped off to be tortured for the rest of eternity. Undeath changes your soul, they are not the same people they were in life.