Legal Rights and Responsibilities

Losing a loved one is undoubtably one of the most difficult times in our lives, with the grief and emotions that follow there are several practical matters that need to be addressed.

We often get asked the question, ‘Who has the right to arrange the funeral service and give direction for the funeral?’

We try wherever possible to have all important family members around the table to best represent your loved ones wishes.  At some point though, the responsibility of making the final choices and signing for these requests, and paying for the funeral needs to be addressed too.

The person that is most legally responsible to take this role of being the single family representative is the Senior Next of Kin.  In order of seniority this would be the Spouse, a Child (if over the age of 18), the Parents then the Brother or Sister of the deceased.  If there is no one in these roles that are willing to take the responsibility of providing our Funeral Home with the directions for the funeral service, the role would fall to the Executor of the estate.

At times where there are significant family disputes, we always try to mediate an outcome that will suit all parties.

Ultimately though there must be one member of the family who will be entrusted to make these decisions and give us the funeral directions.  This person will also have responsibility for the final directions regarding the ashes and / or the memorialisation with headstone or plaque.

This person will also have the responsibility of paying for the funeral costs.

These funeral costs can be drawn directly from the account of the person that has passed away with the provision of the Medical Certificate Cause of Death and the Funeral Invoice to their bank.

It is a role that is not to be taken lightly.  Being the family representative for the funeral service, to be the main point of contact for the Clergy or Celebrant also to consider the needs of the memorialisation and placement of ashes etc.  There is a lot of layers to consider. 

With the support of your family though, this role can be so very rewarding in seeing all the plans come to fruition for a beautiful funeral service.  It is also a role that is supported by our Funeral Arranging team to help bring the families wants and wishes come to reality.

For information about legal advice, wills, banks accounts and more, head to the Resourses tab, then legal advice in the drop down list.

Craig