Making a Will is something that you should be proud of doing, but make sure you don’t just stop there – you should also consider your funeral arrangements.
Should I put my funeral wishes in my Will?
You can include your funeral instructions in your Will, but keep in mind your Will might not be read until after the funeral. That’s why many people prefer to tell family directly or write down their wishes separately.
Your executors determine how funeral arrangements will be conducted. As experienced Wills & Estates Lawyers we know that if you pre-arrange your funeral then the executors will be greatly relieved because it is one less difficult task for them to solve.
Of course, your death will be a very sad and difficult time for those left behind, so if you can make that time easier then you have certainly done your family and friends a great favour.
Do I have to have a funeral?
Some people prefer to have no funeral service, which is a personal choice. But either way, a funeral director completes the essential procedural requirements and orders the death certificate. The funeral director can arrange for burial and/or cremation without the need for a service.
What is a Letter of Wishes and why should you know about it?
If you do intend to include funeral instructions in your Will it is extremely important that your executors know of these instructions whilst you are alive.
When preparing your Will, we also provide you with a “Letter of Wishes” document. This includes some helpful topics to consider about your funeral arrangements and is the perfect place to record those wishes.
You can then either provide a copy of this document directly to your loved ones, or ensure they know where the document is stored (which might be in our firm’s strong room, or in a safe place at home).
Are funeral wishes legally binding?
It is important to remember that funeral wishes listed in either a Will or a Letter of Wishes document are not legally binding; however, they are very clear statements of your preferences which can be extremely helpful for your loved ones. It is then up to your executor or next of kin to make the final decision for any funeral arrangements.
How is the funeral paid for?
If your funeral is not pre-paid, then payment of the funeral becomes an Estate expense, not a personal expense of your executor or next of kin. This means that although your bank accounts will be frozen after death (until certain requirements are met), the executor can request the bank pay the funeral account directly from your bank account.
Has this raised questions about planning your funeral and your wishes?
The Wills and Estates team at OFRM Lawyers are happy to discuss any queries you might have about funeral wishes, expenses, and how to deal with them in your Will.
Book an appointment directly online or call us on 03 5445 1000.
