Checking a will for funeral directions and arranging a funeral

Therefore, after death, one of the first tasks of the personal representatives or family is to locate the will (if there is one) and to check for any such directions. They are usually found near the start or end of a will.

They may be as simple as “I wish to be cremated”, or they may be more detailed, perhaps specifying a church, cemetery or crematorium, and ideas for the service.

The deceased's wishes are not legally binding

The deceased’s wishes are not legally binding, even if expressed in a will (this is usually the only non-binding part of a will).

Surviving family members may feel that other arrangements would be more practical, perhaps because the deceased’s financial circumstances changed or because they no longer live near the burial place or crematorium specified in the will (if any).

On rare occasions, disagreements arise, perhaps for reasons of tradition, religion or personal preference. In the sad event of serious disagreement, an executor’s decision overrides that of close relatives, unless there is a dispute over the appointment over the executor. There is no obvious solution if executors disagree.

What happens if there is no will?

If the deceased did not leave a will, responsibility for choosing and arranging a funeral lies with close relatives.

Pre-paid funeral plans

Funeral plans paid during lifetime are increasingly common. Terms will be stated in the plan document, which may have been left with the deceased’s will or in another safe place.

Did the deceased have such a plan? If you are unsure, you may find a reference to it in the will.

Reasonable expenses or an expensive funeral?

If the will expressly authorises an elaborate funeral, or some particular expense, this can be deducted from the estate.

In the absence of any such express directions, or if there is no will, the funeral expenses should be “reasonable”. Reasonable expenses can include mourning expenses, newspaper advertisements and tombstones.

If the personal representatives wish to arrange a particularly extravagant funeral without authorisation under the will, they should seek permission from the person or people who will receive the bulk of the estate (the “residuary beneficiaries”, as stated in the will, or whoever will receive the estate under the laws of intestacy if there is no will).

Paying the funeral bill

For advice on paying the funeral bill, see our guide "Paying the funeral bill".

Is there enough money?

Funeral expenses should be paid from the deceased’s estate. If the deceased died with insufficient funds, relatives should foot the bill. It is important that the position is clear before the funeral is arranged.