Funeral Instructions Clause (Burial) (ON)

Summary

This funeral instructions clause is included in a will and expresses the testator’s wish that his/her/their funeral be conducted at a specific funeral home and that they be buried in a specific cemetery. This clause includes practical guidance and drafting notes. Funeral Instructions included in a will should be phrased as an expression of wishes only because they are not enforceable against the executor. The executor is the only one with legal property rights with regard to a dead body and, therefore, the only one who can legally determine the funeral arrangements. This does not mean that a testator cannot express his or her wishes concerning a funeral but he or she needs to know that such directions are not binding (Saleh v. Reichert, [1993] O.J. No. 1394 (Gen. Div.); and Mouaga v. Mouaga, (S.C.J.)). Since it is in fact the executor/estate trustee with authority over the deceased’s remains and the conduct of his or her funeral and burial, funeral directors will only take the ...