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Understand Wills, Funeral Wishes

Your Role

1. What To Do When Somebody Dies2. Register the Death3. Understand Wills, Funeral Wishes4. Notify Government5. Help with Pay6. Burial or Cremation?7. Funeral Service and Venue8. Personalise the Service9. On the Day10. After the funeral

Before planning begins, it is essential to check for any existing instructions and understand the legal authority to act. This step is key to managing anxiety about determining the deceased's wishes.

A. Locate the Will and Any Funeral Instructions

The first action is to locate the original will, which may be at the person's home, with their solicitor, or lodged with a will service. The will may contain specific funeral wishes which should be honoured.

It is also critical to check for a pre-paid funeral plan. If a plan exists, many of the decisions regarding the funeral director, the coffin, and the service may already be made and paid for.

It is also important to check if the person had an insurance policy. Some insurance policies may specify a funeral director, if the policy has a funeral benefit option attached.

B. What to Do If There Are No Instructions

It is very common for a will to be silent on funeral wishes, or for there to be no will at all. This can be a source of great anxiety for the person arranging the funeral. In this situation, there is a clear framework for making decisions that honour the person's memory:

  1. Consult family and close friends: They may recall casual conversations or have a strong sense of what the person would have wanted.
  2. Consider religious or cultural beliefs: These beliefs may guide certain rituals, customs, or types of service.
  3. Think about their personality and interests: The funeral can be based on their personal values. A passionate gardener might have a natural burial; a music lover's service could be built around their favourite songs.

C. Understanding Your Role as Executor

If a person is named as the executor in the will, they have a significant legal responsibility. This can be a source of anxiety, especially for first-time executors. The key duties of an executor include:

  • Understanding and correctly interpreting the will.
  • Gathering and valuing all the estate's assets (property, money, possessions).
  • Paying all outstanding debts. The funeral expense is the first and highest priority debt to be paid from the estate.
  • Distributing the remaining estate to the beneficiaries as specified in the will.