Who Decides the Location of the Funeral?

The general rule regarding a person’s funeral is that the executor of the estate has the right to make any necessary arrangements. Where there is no will, the person granted the letters of administration of the estate has the right.

That seems straightforward and it usually is, but not always. A recent case dealt with the funeral arrangements of a man who died intestate. His divorced parents were jointly entitled to administer his estate. The father wished his son to be buried in the town in which he had lived for several years and in which his brother, most of his friends and also his fiancée lived. The man’s mother wanted him to be buried near where she lived. It took a court hearing to determine that he should be buried in his home town.

In this case, the failure to make a will didn’t cause problems over the division of the man’s estate, but over the administration of it. Had he made a will, whoever was appointed executor under it could have decided on and made the appropriate funeral arrangements, no doubt saving much distress as well as time and money. There are reasons other than the disposal of property for making a will.