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Executor

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  • Executor

    Can the executor take over the funeral and leave out the next of kin. The Will has names spelt wrong and says next of kin get nothing but it doesn’t say anything about a funeral other than wanting to be cremated. The executor is instructed to call in debts and assets to cover funeral costs.
    I want to know if I can as the next of kind arrange another funeral directors before my dads body is released from the corner to undertake the funeral.
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  • #2
    The executor's legal duty is to ensure the funeral is paid for as a priority payment from the estate. The Executor is not required to arrange the funeral although in practice they often do, especially when the Executor is also a member of the family.

    So if you as next of kin want to arrange the funeral you are entitled to do. But you do need to make sure the Executor knows what you are doing. No-one wants to see an argument at the coroner's mortuary between two sets of funeral directors both trying to collect the deceased.

    Anything in a Will about funerals is only an "expression of wishes". It isn't an instruction that either the Executor or the next of kin have to follow
    All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

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