It is always of benefit that you make a Will and in that Will your wishes about your funeral arrangements be written in that Will to avoid any disputes after your death. A detailed letter setting out your wishes can also be left with your Will.
If this is not dealt with then who can dispose of your body?
If the matter proceeds to court it is usual for the court to determine that the executors or administrators (the person who has the right to apply to deal wit your estate when you have no Will) can make the decisions about the disposal of your body. However what happens if the executors /administrators have different opinions and no guidance from the deceased. What happens if family members disagree with each other? Maybe the second wife has a different view from the children of a first marriage.
This would cause distress for the family etc at a time when the family are already under a lot of stress fro the loss of a loved one. This would also cause a lot of difficulty for the funeral directors, coroner’s health authorities.
A costly application can be made to the court for this to be determined. A declaration that the person is entitled to the body would be made by the court and an injunction obtained to order the release of the body. The costs may have to be paid by the person who loses the action.
To avoid all this, a simple wish set out in the Will would notify all concerned what you want to happen.
If you wish to discuss the making of the Will to avoid this potential litigation in the future please contact Emma here or call 0116 2665394
Emma Fuller is head of the private client team at EHL; our solicitors in Loughborough are experts in their fields and dedicated to quality client care. If you would like to find out more about our solicitors in Loughborough please contact us.Talk to our legal team
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