Non-funeral funeral

eddyinfreehold

duplicate ... no idea why sorry

Keep_pedalling

eddyinfreehold wrote: »

"I think it would be impractical to make such wishes binding, because some people would request ridiculous things."

Fair enough, you have an opinion, but you have no right to overpower the contents of the Will in law unless you contest it. One person's 'ridiculous' is another person's 'normal.' Rupert Murdoch I think has stated he is not leaving any of his fortune to his children, and lots of widows leave everything to the Lifeboat or the Cat's Home as is their perogative. If 'Aunty Bea' request's a huge send off with loads of flowers, horse drawn hearse and fireworks with a free bar then it's up to the Executors to oblige in my eyes.

It's not an opinion it is a fact, you body is not part of your estate, and things like funeral arrangements are classed as wishes. A will is binding on the disposal of your assets but not your body. If I request my remains are disposed of in space, entombed in a gold coffin or buried under the center circle of Stanford Bridge, would you then say it has to be despite the stupid cost or inconvinience to CFC?

Yorkshireman99

Keep_pedalling wrote: »

I was told this by our solicitor when we made our wills, and a quick Google will find plenty of references to back that up

http://www.steeleslaw.co.uk/cremation-or-burial-who-decides/
https://www.blakemorgan.co.uk/news-events/blog/thinking-about-funeral-wishes/

http://www.independent.co.uk/news/uk/home-news/peoples-burial-wishes-should-be-registered-to-avoid-arguments-say-legal-experts-9431987.html

I think it would be impractical to make such wishes binding, because some people would request ridiculous things.

These sites don't acually cite much law. However, if there IS a will the the executors ARE the personal representatives and as such have precedence. Nevertheless the will may not be rreadily avaialable so someone else may take charge without having proper authority to do so. It is one of a number of anomalies regarding wills that could usefully be amended but it is unlikely this governement, or any future one, will give it high priority.

getmore4less

We have been here before

The body is not property of the estate.
will instruction only apply to estate assets.

As adminstraor

they have first right to the body(subject to coroner and infectious disease)

Any instructions in wills for disposal & funerals are advisory.
case law goes back to 1882
http://swarb.co.uk/williams-v-williams-1882/

executor only responsibility is to ensure the body disposal happens.

even that no longer applies as they can let the hospital or local authority do it and just pay their bill if sufficient funds until the institutions start challenging getting left with the task when there are people tat should do it.

Robisere

Have not read all of this, so apologies if this has been said, but this is what I want for after my death:
http://www.naturaldeath.org.uk/index.php?page=choosing-a-natural-burial-grounds

I have seen the place I want my body to be placed, deep in the heart of some beautiful Lincolnshire countryside. I will ask my dear and loving family in my will, to remember me and have a good laugh about the many times we have had birthday celebrations, weddings, outings, holidays and other special "do's" where we needed no excuse to get down and party! I don't want people being miserable over my passing, I want them to keep me alive in their memories by laughing and probably shaking their heads at the daft things that granddad, dad and husband often did and said. I have had a great life and I would like it to last at least until I have great - grandbrats to amuse.

My own parents were opposed to each other's arrangements. Dad begged me to make sure that he was buried, although mother wanted to be cremated. Dad is the one I inherited my daft SOH from and he passed 7 months before mum. I fought my remaining brother and mum, to get dad's wishes brought about and he was buried in the church yard next to his favourite pub. Mum was cremated and her ashes placed in dad's plot: next to them are the ashes of their favourite grandson. Dad was a follower of my Romany gran's earth religion, as am I. I don't care to hear talk of "rotting" in the earth: my body will be in a simple willow casket which will decay with my remains and be distributed through the soil, to feed the grass and trees above me. What is left of my body, which is after all, not me after my mind has left, will therefore be recycled.

May I give the worms and beetles indigestion!

eddyinfreehold

"The body is not property of the estate.
will instruction only apply to estate assets."

This is getting a bit maudlin but let's carry on....nobody is disputing that the body is not property of the estate, but the expenditure on its disposal is I contend. The said 'Aunty Bea' could order her horses, flowers, a cremation and a free bar for the wake and specify a sum for that, with the financial residue being distributed...or if not expended, given to her cat's home charity before further distribution. The ceremony and wake is not the body. A different argument.

Keep_pedalling

Yorkshireman99 wrote: »

These sites don't acually cite much law. However, if there IS a will the the executors ARE the personal representatives and as such have precedence. Nevertheless the will may not be rreadily avaialable so someone else may take charge without having proper authority to do so. It is one of a number of anomalies regarding wills that could usefully be amended but it is unlikely this governement, or any future one, will give it high priority.

There is no law to quote, to make such a thing binding would require a law to be passed, and no such law exists. You can go though all the legislation regarding wills for the various parts of the UK and you will find nothing relating to it.

getmore4less

Keep_pedalling wrote: »

There is no law to quote, to make such a thing binding would require a law to be passed, and no such law exists. You can go though all the legislation regarding wills for the various parts of the UK and you will find nothing relating to it.

the case law says any directions given by the deceased with regard to the disposal of his body are not enforceable as a matter of law.

This has been cited in cases as recent as 2016 so unless there is new case law still stands.

Williams v. Williams is the one to research

Yorkshireman99

Keep_pedalling wrote: »

There is no law to quote, to make such a thing binding would require a law to be passed, and no such law exists. You can go though all the legislation regarding wills for the various parts of the UK and you will find nothing relating to it.

There is plenty of case law in the the subject. Some of this is confused and contradictory. What is particularly difficult is that it is very well established that their is no property in a human body. In other words nobody owns it. As I said before it is a shame that the deceased cannot be sure their wishes are adhered to. Personally I think it is morally wrong not to respect those views. Interestingly I heard of a case last week where the deceased had left very explicit instructions that they had discussed with their immediate family. These stated that there was to be no service, direct cremation and scattering the ashes at sea in a specific location. The family have carried these instructions to the letter even though some of the family are not at all pleased. Full marks to the spouse for following the wishes of the deceased.

badmemory

I must say that I find it difficult to understand why anyone would wish to disrespect someone who has recently died by NOT respecting their wishes for the diposal of their body. Always supposing it is legal of course.