Who Decides Your Final Resting Place?

One of the most common statements of wish in a will is a statement outlining how one’s remains should be dealt with. Many people think such a wish is part of the will per se and is binding on the executor, but this is not strictly the case. In law, your executor has the right to make such arrangements regarding your remains as they see fit. The rights of the executor in this area override those of family and friends.

Clearly, where your wishes are strong, it is important to ensure that your executor is appointed with care, understands your wishes and will comply with them. It is also important to avoid, if possible, any dispute over the validity of the appointment of your executor(s).

If your will is ruled invalid, or you do not have a will, the strict letter of the law makes the person or organisation on whose property you die responsible for the disposal of your remains. Where this is a hospital or care home, the relevant authority will normally allow your family to make the necessary arrangements. If, however, a dispute over the validity of the will or the appointment of the executor(s) arises, the court would probably allow the person in lawful possession of the body to make such arrangements as they see fit. This may or may not accord with your wishes. In a recent case in which the validity of a will (and therefore the appointment of an executor) was in doubt, the court ruled that the local health authority had the right to decide how to deal with the body of the deceased: fortunately, in this case it was released to the family.