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Funerals and Dealing with Your Remains

Wills Factsheet No.9

 

Often when making a Will a testator will want to leave instructions as to the arrangemnets to be made for their funeral or as to what should happen to their remains.

Any wishes expressed as to either of these will not be binding upon the executors of the Will and indeed they do not have to be included in the Will. They can be dealt with in what is known as a "Letter of Wishes" which has the benefit that those wishes will not become public knowledge when your Will goes through probate. If you want to create a Letter of Wishes you will find a precedent for one on the Online Wills page where you can then complete it online.

Funeral Wishes

So far as funeral wishes are concerned, there are a number of things which can be specified including: Clearly the more prescriptive you are, the less your family have to worry about not doing what you want - but also the harder it might be for your executors to make sure that all of your requests are met.

Donating your organs or your body

Should you wish to donate your organs to save someone's life or your body to medical science then, rather than leaving it to be arranged purely through your Will, you would be better to take steps in your lifetime to register the fact that you are willing and then simply use your Will as a confirmation in writing of your willingness for this to happen.

You have the option that you can donate your body to medical science - in other words making it available for use by medical students who need to know how the body works and what it looks like when it is cut open - or you can donate your organs to someone who is need.

In the case of the former you need to give consent in writing and that consent should normally be signed and witnessed. Generally a Will would be regarded as adequate for these purposes.

You can also, if you wish, appoint someone to be your representative for these purposes after your death. So far as organ donation is concerned you would be advised to register with National Health Service Blood and Transplant (NHSBT) and/or to carry an organ donor card.

You will find further details at their web site (www.uktransplant.org.uk/ukt/) .

You can also nominate a person who will give consent on your behalf after your death.