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Ask Senior Partner Your Own Question
Senior Partner
Senior Partner, Solicitor
Category: Law
Satisfied Customers: 13325
Experience:  Solicitor with more than 30 years experience
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who has the right to organise a funeral, the n.o.k. or the

Customer Question

who has the right to organise a funeral, the n.o.k. or the executor, nothing about the funeral is mentioned in the will
Submitted: 4 years ago.
Category: Law
Expert:  Senior Partner replied 4 years ago.
There are no hard and fast rules about this. Normally the next of kin would organise it. Is it an issue ? The executor can pay the expenses out of the estate but anny close family can organise.
Customer: replied 4 years ago.

 


 


Yes thereis , the executor is aggressivly insisting it is her right, She is also trying to keep the N>O>K out of the house which the N>O>K is a 40% owner before the will is finalised there are no other owners, the executor will probaly inherit the other 60%

Customer: replied 4 years ago.


The executor is saying agressively that it is her duty and right to organise the funeral. The executor is also saying that my wife has no right of entry into the property that the executor will probably inherit 60% of my wife owns 40% .


We may challenge the willbecause of undue influence on the deceased, she executor was previously involved in the manipullation of my wifes fathers will which we successfully callenged


 

Expert:  Senior Partner replied 4 years ago.
If the executor is no relation then she certainly has no right. Your wife should just get on and instruct the undertaker who should take instructions from a child of the deceased not from someone unrelated.
Expert:  Senior Partner replied 4 years ago.
Hi Iti seem sI may have misled you - one of my colleague points out that the executor is actually under a legal obligation to dispose of the body so yes they can direct the funeral arrangements although they can only spend a reasonable sum il.e not an excessive amount unless the beneficiaries agree.