Who Legally Gets To Decide Funeral Details?
Contrary to popular belief, the wishes of the deceased regarding his or her funeral do not have to be honoured even if those wishes are documented in the Last Will and Testament. Under Ontario law, the Personal Representative (Estate Trustee or Executor) has the authority and responsibility to "dispose of the remains" including deciding what observances should be followed.
Religious law has no authority to overrule the authority given to the Personal Representative. The Personal Representative can decide even if his or her decision goes against what the remaining family members or even the deceased would have wished or followed under religious law.
In the event that the deceased died without a Will, the decision falls to the closest degree of relative i.e. spouse, child, parent, sibling etc.
The Lesson: Clearly communicate to your choice of Personal Representative regarding your funeral wishes and obtain their agreement to follow what you choose.
It goes without saying, the second lesson is to create a Will and discuss with the named Personal Representative your wishes.
The content and the opinions expressed here is informational purposes only and does not constitute legal or professional advice. Nor does reading or commenting on it create a lawyer/client relationship with the author. I encourage you to contact me directly at adrianlawoffice@gmail.com if you have specific legal questions or concerns.
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