It’s never easy when someone you love dies, but it can be even harder if there are arguments within the family over funeral or burial arrangements. In almost all cases, all family members want one thing: for their loved one’s wishes to be respected. Unfortunately, issues can arise if each family member has a differing view on how best to honour their loved one’s wishes. Thankfully, the law offers some guidance if these disputes can’t be resolved amicably.

By law, the Executor of the Will (or Administrator of the estate/closest next-of-kin if the deceased died intestate) has control over the deceased’s remains and gets the final say on how they are handled. However, in all cases, the Executor must dispose of the remains in an appropriate manner. This means that when disposing of remains, the Executor must consider:

  1. The deceased’s wishes, which may have been conveyed verbally or in writing. The Executor should search through the deceased’s personal papers and their Will to check if they have left any written funeral wishes.
  2. The wishes of the deceased’s relatives.
  3. The broader community and cultural values. For example if the deceased is part of any religious groups or cultural communities, there may be certain traditions which should be followed.
  4. Any other relevant practical considerations, such as location, distance from family, accessibility, etc.

Unfortunately, disputes do sometimes arise in relation to the disposal or interment of remains. It is possible to make an application to the Court to resolve such disputes, however, it is usually better to try and resolve such disputes without recourse to litigation.

We recommend that you communicate your wishes as to burial, funeral arrangements etc. as part of your estate planning. Such wishes can be recorded in your Will but it is equally as important to make sure your loved ones are aware of your preferences.

MV Law’s Wills and Estates team can help you understand your rights and find a resolution to your dispute over your loved one’s funeral or burial. If you have a dispute or would like to include your burial wishes in your Will, contact us now.

If your loved one is being cremated instead, read our article on disputes over ashes here.