Planning a funeral as part of writing a Will can be an effective way of taking some of the difficulty away from the ones left behind.
While you might appreciate knowing what your loved one wanted, you might find yourself strongly disagreeing with the provisions they have made.
This can lead to a difficult decision of whether you follow the wishes laid out in the Will or plan a different kind of funeral.
Are you legally obliged to follow funeral wishes in a Will?
In England and Wales, there is no legal obligation to follow funeral wishes left in a Will.
This might be a relief if you are currently reviewing funeral wishes that would now be in poor taste or prohibitively expensive.
Many people write Wills years before their deaths and are not always effective at keeping them up to date.
This means that some things that were once acceptable or accessible may not be advisable as times change.
Generally, most people will try to honour the wishes of their loved ones as best as they can.
Knowing that you do not risk legal action for deviating from the plan might be a comfort if you were finding the original wishes particularly daunting.
Are prepaid funeral plans legally binding?
Even prepaid funeral plans are not legally enforceable for loved ones to follow.
The benefit of a prepaid funeral is that it creates a contract with the funeral provider, ensuring that they must abide by the wishes of the deceased.
This can create a situation where a funeral provider is under stricter obligations than friends, family and executors.
It will be on those people to oversee the funeral and handle any additional arrangements not covered in the prepaid funeral.
Can putting funeral arrangements in a Will reduce the risk of disputes?
Funeral arrangements are best stored somewhere other than a Will due to the simple fact that many Wills are not read until after the funeral takes place.
Instead, you should make it clear to your loved ones what you would like to happen and create a Letter of Wishes to be read after your death.
There is no legally binding way to ensure your Will goes how you want it to though, so you will need to trust that your wishes are respected.
At Palmers Solicitors, we are helping the people of Essex approach Wills and probate with confidence through our compassionate approach.
We understand that managing disputes around funerals, Wills, or estates can make an emotionally challenging time even more difficult.
This is why we are here to assist you at every stage.
From crafting strong Wills to supporting with sensitive probate management, our team are here to help you. Speak to our team for help understanding your legal rights and responsibilities.
