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by littlemissme on October 14th, 2005

littlemissme

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If you state your funeral wishes in a will, must they legally be carried out?

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  • by scymitar72 on October 16th, 2005

    scymitar72

    The truth is, I've never seen a funeral where the wishes of the departed were carried out to the 'T', no matter how many good intentions were involved and no matter how well known were the wishes of the departed. Somebody always screws something up; scattering ashes in the wrong place, open casket vs. closed casket (that one was really awful), to name a few specific examples.

    After searching, I could find no legally binding document one could use to enforce their parting wishes. If you think about it, enforcement would be a big problem; Who would file for damages? How could you even prove damages? The slighted party isn't exactly available to offer testimony! Since no one really knows for certain what happens after you die, it would be difficult to prove the departed was harmed in any way by not having their last wishes honored, it would be pure speculation.

    I did find sites that offer to 'document your parting wishes' on-line, Last Will and Testament kits that come with a special section for your 'Final Arrangements', etc. The best way is to document it with someone you know will not betray your trust. Personally, I don't think I'll care one way or the other how my body is disposed of after I die, so why worry about it?

    (Making arrangements to cover your own funeral costs is always a good idea, I'm talking about the other stuff; bronze casket or silver casket? cremation? Ashes in the Ocean or Desert? That type of stuff.)

    Here's a good link on the subject:

    http://www.nolo.com/article.cfm/ObjectID/4FC06D55-D794-4DC8-8A838B8BE9AD48E3/catID/20CEEE73-2677-4AF1-90597F7976CA2BCD/309/311/FAQ/#3710769F-96B9-49A9-94D2320D5398FE20

    Comments

    • A few states allow the deceased person's previouslty expressed wishes to be carried out despite the next-of-kin's objections, but the majority give the next-of-kin the sole right to determine what is done, even if that goes against the expressed wishes of the deceased.

      Pogster

      by Pogster on December 2nd, 2006

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