In recent years, the amount of choice available around funeral and burial plans has significantly increased. A recent example is the growing popularity of ‘water cremations’, or resomation.
With the news that the Scottish government is considering passing regulations that would introduce resomation “as soon as is practicable”, we’re looking at the importance of letting your family know your wishes for your funeral and burial.
Including your funeral wishes in your Will is completely optional but having these set out can take a lot of stress away from your loved ones who would otherwise be left to assume what you would have wanted from the ever-expanding range of options available.
In your Will you can include:
- the type of burial or cremation you’d like;
- if you want your funeral to be religious;
- who you’d like to arrange the funeral.
For further legal advice that is tailored to your needs, get in touch with our Wills and Trusts Team.
I Don’t Want to Think About my Funeral – Why Should I Share my Wishes now?
Thinking about your funeral can feel morbid, and it’s understandable that a lot of people put this off. But by including your wishes in your Will, you can offer peace of mind for your family and reduce the risk of any potential disputes about what you would have wanted.
As well as stating your funeral wishes in your Will, it’s also important to make sure you speak to your family about your plans. There are two main reasons for this:
- Giving context – some of your funeral wishes may come as a surprise to your family, by speaking to them about these, you can help them understand why this is what you want.
- Added certainty – your loved ones may start planning your funeral before your Will has become available to them. If your family weren’t told about your wishes, there’s a risk they could unintentionally go against them.
If you find it too difficult talking to your family about your funeral in person, you could also create what’s called a ‘Letter of Wishes’ to accompany your Will. This is not a legally binding document, but it can offer you the space to provide more detail of your wishes and the sentiment behind them.
Are Funeral Wishes in a Will Legally Binding?
No, your named Executor will technically be responsible for making decisions around your funeral and how you’ll be cremated or buried. But in reality, it will most probably be your family making these arrangements and it’s very unlikely that they would deviate from your expressed wishes.
How Can a Solicitor Help?
There are many Will writing services available online, so you might wonder why you need a Solicitor to help you. Many of these companies aren’t regulated, meaning you can’t be sure that your Will is legally valid.
By using the services of a specialist Wills and Trusts Solicitor, you can guarantee that your Will is recognised in the eyes of the law and that your wishes will be carried out.
Another advantage of working with a Solicitor is that we can help you clearly set out what your wishes are so there’s no confusion for your loved ones when they come to arranging your funeral. There’s a lot to consider when thinking about your funeral plans, a specially trained Solicitor can guide you through this process, so nothing is left to chance.
We can help you make a Will online, over the phone or in person. Get in touch today for initial advice.
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