Q: My wife of 20 years has recently died. She did not leave a Will, but as we held all our accounts jointly, her estate passed to me. When she was alive, my wife and I endlessly discussed what we wanted to happen at our funerals, and when she died, I made sure that her/our wishes were specifically followed. When my time comes, I want my funeral to replicate hers as much as possible. The problem is that when my wife died, I was able to oversee her funeral arrangements, but as we do not have children or any close relatives, how can I be sure my funeral will be held in accordance with my wishes. Is there anything I can do?
A: You may wish to speak to your chosen funeral director about whether a funeral plan would be suitable. If they arranged your wife’s funeral, they may be able to confirm whether similar arrangements can be included in your own plan.
If you do not have a Will, we would recommend making one. This would allow you to decide who should inherit your estate and to record your funeral wishes. Although funeral wishes are not legally binding, you should consider carefully who to appoint as your executors, as they will be responsible for administering your estate and carrying out your wishes as far as possible.
Most banks will allow funeral costs to be paid from the deceased’s account before probate is obtained. The person arranging the funeral, or the executors, can usually provide the funeral invoice to the bank and ask for it to be paid directly, so they do not have to cover the cost themselves. If they do pay all or part of the funeral costs, they can normally be reimbursed from the estate once funds are available. This advice assumes that your estate is solvent at the date of death.
This question has been answered by Ulia Choudhry, a Partner with GHP Legal. If you would like to speak to someone about this or any other legal matter, please visit our website www.ghplegal.com and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194
