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Helen Hill
Helen Hill, Lawyer
Category: Family Law
Satisfied Customers: 253
Experience:  LLB Law, Licensed Conveyancer and Probate Practitioner, Fellow of CILEx, Trust and Estates Practitioner (STEP)
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Assistant: How can I help? yes this is a tricky family

Customer Question

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Assistant: Hi. How can I help?
Customer: yes this is a tricky family matter
Assistant: What steps have been taken? Have any papers been filed in family court?
Customer: just eant to know if im talking chatting to an advisor solicitp
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do they live in?
Customer: are you a computer
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Customer: ok
Submitted: 4 months ago.
Category: Family Law
Customer: replied 4 months ago.
i have a family disagreement of my future funeral..I would like to be cremated but family (Muslim) will not carry out my wish i am of 55 yrs old..i am willing to pay full cremation cost in advance..but family will NOT.
I need some sort of court order in advance .but quitely remove body for cremation with out conflicts, when cremation complete & ashes scattered in the any funneral gound. then notify family. can this be done.
Customer: replied 4 months ago.
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Expert:  Helen Hill replied 4 months ago.

Thank you for your question. There are a number of ways that you can document your funeral wishes. The most common of these is within your Will which will be read after your death. Unfortunately, while the distribution of your property dictated within your Will is legally binding, your funeral wishes do not legally have to be followed by your executor however it is the executor who is legally responsible for disposing of your body so therefore your choice of executor is crucial.

There is currently a petition with parliament to try and make funeral wishes binding (see here) however this then causes problems where the Will is not discovered until after the funeral has taken place and could lead to executors being sued for disposing of the deceased incorrectly.

What might be helpful to you is to pre-plan your funeral. Many companies offer funeral plans where you can dictate your wishes and plan every detail of your funeral in advance, choose a funeral director in some cases and even pay for it as you suggest. If you put this in place is there someone outside of the family who could notify the funeral plan provider of your death when the time comes to ensure the plan is put into place? Perhaps this same person could be appointed as your executor as well?

Unfortunately I have not heard of anyone obtaining a Court Order in respect of their future wishes.

I hope this information is useful.

Best regards, Helen

Expert:  Helen Hill replied 4 months ago.

Please let me know if you would still like a phone call to discuss this matter as I would be happy to assist.