The importance of drawing up a will cannot be understated – they ensure that your wishes and your loved ones are protected when you die and prevent legal rules being applied which may not be suitable.
Making sure family, friends and, in some cases, pets are provided for is normally the priority, but wills can also include details about how you would like to be treated when you die.
Making funeral requests in advance, such as how your body will be disposed of and how a funeral should be conducted, can take much of the pressure of those you leave behind. Here we think about how the freedom to make a will applies to funeral arrangements, and some of the legal restrictions that can affect what you have in mind.
Specific requests concerning funeral arrangements are often made in a written document that is attached to a will. They can set out a number of different requests, such as:
- whether the individual is to be cremated or buried;
- where the final place of rest will be;
- whether a funeral service will be secular or religious;
- what clothes the deceased will wear during the service;
- what the content of the service will be such, such as music or readings;
- whether there should be flowers.
In most cases, burial requests will be respected and upheld – under Scots law burial bequests are considered an exception to the general rule that wills must confer a beneficial interest on a living person. However, there are a few limitations. For instance, there are limits on where a body can be disposed of due to environmental, burial ground and cremation laws and regulations.
Funeral expenses take priority over other debts on the estate provided they are reasonable and not too extravagant. However, where the estate cannot cover the costs, loved ones may have to pay. To avoid this situation and alleviate potential financial pressures on those left behind, it is possible to take out a prepayment plan to guarantee the costs will be covered.
Wills, Executry & Probate Lawyers in Glasgow
If you would like more information about planning your own funeral arrangements in a will, or wish to have a will drafted or amended, McCarthy Law can help. To speak to one of our friendly Glasgow-based lawyers, please call 0141 337 6678 or complete our online enquiry form.