As will writing solicitors, our wills, probate and trusts team specialise in drafting wills and providing advice on estate planning, including how best to communicate your funeral wishes in your will.
Often when a loved one passes away, one of the first things to deal with is deciding how that loved one’s funeral will be planned. It is so often an emotional and difficult time and regularly the person who has passed away, especially in unexpected deaths, has not discussed how they would like their funeral to look after they are gone.
Alicia Speed, a solicitor in our wills, probate and trusts department, outlines why your funeral is important to consider when making your will.
Do I need to include funeral plans in my will?
Leaving funeral wishes in your will not only provides certainty for loved ones that they are carrying out your wishes, but it also takes away the weight of them making such an emotional decision. Often such decisions can cause disagreement and fall out within families where conflicting views on what the deceased may have wanted cannot be agreed.
As solicitors, we are seeing quite a sizeable shift in client’s attitudes towards their funeral wishes and how they wish for their body to be disposed of after death.
What happens if I don’t include funeral plans in my will?
If you choose not to make a will, then there is no person legally authorised to make decisions about your funeral until a grant of representation has been sought from the Probate Registry. At present this process can take months and therefore the benefit of having a will is that an executor is appointed in your will, and they are legally the person to make all decisions in relation to your estate after you pass away. After your passing, your executor is the person legally responsible for your body, and will therefore arrange your funeral and deal with any disputes arising amongst family members.
Does an executor have to follow my wishes?
Although funeral wishes in your will are expressed as a wish and therefore are not legally binding upon your executors, they provide an outline of your wishes at the time of you making your will, and therefore your executors would follow these wishes in the way they feel is most appropriate. Therefore, if you chose to communicate alternative wishes to your executors prior to your death, they could follow such wishes if they chose to do so. If you appoint professional executors in your will, then it is likely they will follow the wishes expressed in your will exactly to the letter.
What if my funeral wishes aren’t traditional?
There are now so many options available in respect of disposing of your body, and we have seen a vast increase in clients choosing to opt for a more environmentally friendly option. As time moves forward and more people are looking at what they can do for sustainability, it is becoming more popular for people to favour something different to a cremation or burial in a cemetery with a full funeral. Many clients are now opting for woodland burials or simple cremations without a full funeral service, and in general the UK is now seeing an increase in less traditional funeral businesses all over the country.
Should I include organ donation in my will?
After the law changed in 2020 in relation to organ donation, every adult, unless in an excluded group, must now choose to “opt out” of having their organs donated after their death. Previously the UK practiced an “opt in” system whereby each person would need to choose for their organs to be donated after their death, and therefore in the absence of the deceased having “opted in” to the system, it would be up to the deceased’s next of kin to make that decision. These decisions can be difficult to make for family members in such time sensitive circumstances as organs must be removed from your body within 48 hours of death. Ultimately even with the “opt-out” scheme, your next of kin will still be consulted before any organ donation takes place, and therefore it is helpful to discuss your wishes with your family.
Further to this change to the law, many people are now choosing to donate their body after their death, for therapeutic and learning purposes. Donating your body can be used to advance medical research, educate and train medical and healthcare professionals, and teach students with a future in medical science. Donation of your body after death is regulated to ensure the legal inspection and use of human bodies. Therefore if this is something that you would like to consider, our will writing solicitors can discuss the practicalities of doing so, and advise on how this can be included in your will.
How will my funeral be paid for?
A common question we are often asked when drafting a clients will is whether the funeral they have planned or requested can be paid from their own estate after their death. Often clients worry that they would not wish for their funeral to become onerous on their executor and many clients think that the executor would have to cover the funeral expenses themselves until a grant has been made. It is usual for the executors to request that the deceased’s bank make arrangements to pay the funeral invoice and this will most often be paid directly to the funeral directors to ensure that there are no issues with the funeral proceeding.
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As will writing solicitors all of the team ask our clients whether they have thought about what will happen to their body after their death. We sensitively approach what their wishes might be if they were able to decide now, and explain to them that this prevents their family from making a difficult decision after they have gone.
To ensure that your wishes are followed after your death, you must ensure that you have a valid will in place, otherwise your estate will be dealt with by the laws of intestacy. Our estate planning solicitors are on hand and able to provide you with tailored legal advice in relation to your specific circumstances.
For friendly, sensitive advice, or to book an appointment with a will writing lawyer, contact Lydia McCaslin, partner and head of wills, probate and trusts, on probate@mincoffs.co.uk or call the office on 0191 281 6151.
