After I die, who has legal authority to arrange my funeral and burial or cremation?
In usual circumstances, when someone dies, close family or friends attend to the funeral arrangements without any dispute. Days and weeks can pass by before anyone refers to the deceased’s Will to see what the deceased’s wishes are for their funeral.
However, in a small number of circumstances, disputes can arise between family members and friends of the deceased over funeral arrangements.
Arguments can ensue regarding the venue for the funeral, who will speak at the funeral or whether the deceased’s body will be buried or cremated. This can be a very emotional time for some, and any rational thoughts can quickly go out the window.
If a dispute arises over funeral arrangements, who has the legal authority to arrange the funeral?
In short, it depends if the deceased had a Will or not. If the deceased had a Will, you could refer to the Will to see who the deceased nominated as their Executor. The Executor will likely get to make the final decisions as to the deceased’s funeral arrangements.
However, if the deceased did not have a Will, or there is not an Executor who is willing or able to act, the ‘Rules of Intestacy’ will apply and the person with the highest right to take out Administration of your Estate will make the decisions regarding the deceased’s funeral.
Problems may still arise if family members have the equal highest right to take out Administration of the Estate and those family members are in conflict.
In extreme cases, if agreement cannot be reached by the Administrators for the funeral arrangements, the Supreme Court can intervene. This is a very costly exercise!
If you think there is a chance there may be a dispute over your funeral arrangements, ensure that your Will appoints people you trust to act as Executors. These people can arrange your funeral, providing certainty to all involved.
By: Mark Murnane, Legal Wills + Estate Planning
DISCLAIMER: This article is provided for general information purposes only. It does not constitute specific legal advice or opinion. Although our aim is to provide you with as accurate information as possible, you should not act or rely upon the information in this article without seeking the advice of an experienced lawyer who specialises in the particular area of law relevant to your inquiry. Please do not to hesitate to contact Murnane Legal to make further inquiries or to make an appointment to discuss the specifics of your situation.
