Who organises the funeral and what if I don’t agree?
Typically, the executor of the deceased’s will has the responsibility to decide on funeral arrangements. The executor should consider the wishes of the deceased if practicable, however, at common law, the directions in a will as to the funeral, cremation or burial are regarded as merely declaratory.[1] Where there is no executor, the right to possession of the deceased’s body must be determined by a court, likely to be the next of kin. The executor should consult relations of the deceased when attending to funeral arrangements and discuss specifications regarding the funeral and burial of the body to avoid dispute.[2] Ultimately, it is the executor’s role to arrange the funeral and so the family’s wishes are advisory and not binding. In Smith v Tamworth City Council[3] regarding disputes about the disposal of the body, Young CJ concluded: If the executor is willing and able to arrange for the burial of…