Your Remains And the Law:Legal Advice

Who Decides Your Final Resting Place?

Very often a will contains a statement of what the testator would like to happen to his mortal remains. Some people wish to be buried, cremated, or even to have their ashes scattered at a favourite place or to be buried at sea. They often think that such a wish is going to be binding on those dealing with their funeral and administering their affairs but this is not the case. The law as it stands does not make what is in effect only a statement of wishes legally binding.

The legal position is that your executor is entitled to make whatever arrangements he or she sees fit for dealing with your remains. It is the executor you appointed in your will who will decide your final resting place and not family and friends and not even you with the wishes expressed in your will. The executor you appoint is entitled to override all other wishes.

It is therefore most important that you appoint an executor who you trust to carry out your final wish-especially if it is strongly held. Equally important is making sure that everybody is aware of and agrees with your wishes. It can be very upsetting for all if there are disputes and bad feelings over your final resting place.

Sometimes people will not make a will and there will therefore not be executors with the responsibility to decide what is to happen to your remains. When this happens the person or organisation on whose property you die is legally responsible for dealing with the disposal of your remains. Very often this will be a hospital of care home. The relevant authority will almost certainly allow your family to make all the arrangements for your funeral and problems will only arise if there is a dispute.

A dispute is only likely to arise if there are arguments within your family or some question over the validity of your will and therefore whether you have a valid executor responsible for making the decision. If there is a dispute which cannot be resolved it can be referred to the court for a judge to decide. In a recent case the judge held that the local authority were entitled to to decide how the body should be disposed of.

This situation however can be easily avoided by making a valid will in which you appoint executors who you trust to carry out your wishes. You should also discuss these wishes with your family and make sure that they are happy and agree with what you want to happen to you.

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