Are funeral wishes legally binding?

Are funeral wishes in a will legally binding? In short, no. Under current law, funeral wishes in a will are not legally binding. The executors appointed in a will have ownership of the body and are technically considered the decision-makers with regards to funeral arrangements.

How do you make sure your funeral wishes are followed?

5 Steps To Make Sure Your Funeral Plans Are Followed

1. Write out your funeral plans apart from your will.
2. Tell your family and share copies of your funeral plans with them.
3. Pay for your funeral arrangements ahead of time.
4. Create an advance directive.
5. Assign a durable power of attorney.

Can you stop a family member attending a funeral?

Generally, funerals are public events and there isn’t a way to legally ban someone. But as the organiser, you do have the right to ask a difficult relative not to come.

Does next of kin have to arrange a funeral?

Is next of kin responsible for funeral costs? Unless there is a will stating otherwise, it is usually the next of kin’s responsibility to make the funeral arrangements if the person they are responsible for passes away.

Can you put funeral requests in a will?

Funeral wishes can certainly be included within a Will. It is important to note, however, that firstly, funeral wishes are not legally binding. Secondly, family members may begin making arrangements for a funeral before the original Will has been found.

What is a Letter of Wishes used for?

A Letter of Wishes is a document that accompanies your Will. It is not legally binding but can guide your executors and trustees to ensure your personal wishes are carried out. You must take care that a Letter of Wishes does not contain anything that could conflict with the Will.

Can an executor ignore a letter of wishes?

What is a letter of wishes? Your letter of wishes is your opportunity to give guidance to those managing your estate on how you’d like your assets to be dealt with. Unlike a will, a letter of wishes is not legally binding, and the executors are not legally obliged to follow any requests made in the letter.

Does an executor have to arrange the funeral?

Usually, the executor is responsible for arranging the funeral, covering the costs of the funeral arrangements, and managing the estate after death. With legal access to the estate of the person who has died, the executor may be able to fund the funeral costs through the savings or assets left behind.

When should you not go to a funeral?

5 reasons not to go to the funeral: Your attendance at the service would be disruptive or distracting to any member of the immediate family. Your attendance at the service would be upsetting to any member of the immediate family. The services are private and not open to the public.