Deciding who has the say about funeral
details can sometimes be confusing. The deceased may have close relatives, including children, and if things haven't been agreed upon beforehand, it can quickly become a stressful and messy situation.
We've listed below those persons whom the courts will determine are legally able to make decisions. This information has been taken from the Successions Act 1981. There are always circumstances that affect this list, so please check with your solicitor if you anticipate a problem on this issue.
Who has the say?
- The executor
- The next of kin
- Spouse (including a de facto partner)
- Children of the deceased
Following these, a variety of relatives of the deceased:
- Grandchildren or great-grandchildren
- Brothers and sisters
- Children of brothers and sisters
- Uncles and aunts
- First cousins
- Anyone else the court may appoint
This is meant to be a guide only and in no way represents legal advice. It’s best to have this considered in advance to avoid any extra stress at the time.