What happens if the deceased’s closest relatives can’t agree on funeral arrangements or if someone else has the legal right to do so?
Who has the right to make funeral arrangements?
The deceased’s named executors can arrange for a burial or cremation, whichever they see fit, if the deceased has left a valid Will. In the absence of a valid Will, the deceased’s affairs, including funeral arrangements, are administered in accordance with the Rules of Intestacy.
While the deceased’s administrator will always be a member of the family, the executor may be someone else, such as a friend.
The executor can then abdicate responsibility for funeral arrangements and allow the family to make those decisions in their own time.
If there are conflicts about who should handle funeral planning, who has the legal authority to do so?
If the executor’s wishes differ from those of the family and a disagreement arises, the executor has the authority to make funeral arrangements.
When people have different ideas about what should happen, it can be very upsetting at a difficult time.
The best way to proceed is to keep communicating and, if possible, to compromise in order to avoid conflict.
If the parties involved are unable to reach an agreement on funeral arrangements, an application can be made to the Court, which may rule in favour of the legally appointed Executor or Administrator if they acted reasonably.
When there is a disagreement between two or more appointees, the Court will rule on the facts. If the deceased expressed any wishes in his or her Will, those wishes are considered, though they are not legally binding.
The importance of leaving a Will
A valid Will that expresses funeral and burial or cremation wishes may help to avoid costly and upsetting disagreements after death.
A professional executor, such as a solicitor, can be named in a Will and will act in accordance with the deceased’s wishes to the greatest extent possible. This can also aid in the avoidance of family feuds.
If an unmarried person dies without making a valid Will, their partner may have no say in funeral arrangements and will receive nothing from the deceased’s estate because the Rules of Intestacy do not include those who are not directly related.
A Will can serve as a record of what the deceased wishes to happen after death, as well as ensuring that their estate is distributed to selected family and friends.
