After death, will your wishes be respected?
Other people may make many decisions about the disposition of your body and funeral arrangements. You can include your wishes for your funeral in your Will. However, putting details about your remains and funeral arrangements in a will may not be enough, because the will may not be opened until the funeral is over.
If you do put directions for your funeral in your Will, make sure your executor and family members who will be arranging your funeral know that you have done so.
Think about what you want to happen to your body after you die, whether you want a funeral or other memorial service and what kind, and who you want to control the carrying out of those wishes. Be sure to discuss your wishes with that person to make him or her aware of what you are asking.
You can use the Additional Clauses section to specify your funeral instructions.
Sample Cremation Clauses
The following will clauses can be added where you expresses a desire to be cremated at death.
Clause 1 – Ashes to be disposed of in an appropriate manner chosen by executor
I hereby direct that my body be cremated and that my ashes be disposed of in such manner as my executor or executors shall, in their discretion, deem appropriate.
Clause 2 – Ashes to be interred at a cemetery
Subject to the desires of my __________ [husband, wife, domestic partner], if [s]he survives me, it is my wish that my body be cremated, that there be no lavish or large funeral or burial services for me, and that there be no service to unveil any monument that may be erected over my burial site.
Clause 3 – Ashes to be disposed of in an appropriate manner chosen by spouse
I hereby direct that my body be cremated and that my ashes be disposed of as my __________ [husband, wife, domestic partner], if [s]he survives me, shall deem fitting, but if [s]he does not survive me, then as __________ deems fitting. I request that my funeral service be private, simple and without ostentation.
Clause 4 – Funeral guidelines; ashes to be interred in a mausoleum
It is my will, and I so direct, that my remains shall be cremated and that my ashes shall be placed in an urn, which shall be inscribed with my name and the dates of my birth and death. I further desire that a funeral service be conducted at __________ [name of funeral home, church, synagogue, mosque, or other place], located at _________, with the urn and ashes present. If possible, I would like the funeral service to be performed by __________, assuming s/he is available. Following the service, I direct that the urn shall be placed in the mausoleum of my family in the cemetery of __________, located at __________.
Clause 5 – Cost of Cremation
I have left a memorandum, in writing, with my executor stating that I desire my body to be cremated. I now direct my executor or his/her successor, in order to defray the expenses of such cremation, to expend a sum not to exceed $__________.
Clause 6 – Ashes to be scattered in a cemetery
I direct that my body be prepared for cremation at as little expense as possible, then cremated and the ashes placed in a paper box and, during the summer of or immediately following my death, taken, without any unnecessary preparation or trouble, to __________ Cemetery, and scattered in that cemetery in such a way as to allow the ashes to fall on our family burial lot where __________ [for example, “my father, mother, sister and brother are buried”], and on any other lots where relatives of mine are buried. I do not desire to have any marker erected for me. After my ashes have been scattered as above directed, I desire to have the paper box in which they are brought to the cemetery covered with kerosene and burned.
Clause 7 – Ashes to be scattered at sea
I direct that my body be prepared for cremation at as little expense as possible, then cremated and the ashes placed in a paper box. At a convenient time during the summer following my death, I request that __________ [insert, for example: “my eldest son, John” or “my executor” or “my partner, Barbara”] take my ashes to __________ [for example,“Martha’s Vineyard, MA” or “the beach at Bondi.”] There, I request __________ to hire a boat and sail out into open waters. The boat having reached a suitable distance from shore, I request __________ to scatter all of my ashes into the sea. After my ashes have been scattered, I desire to have the paper box set afire and the remnants tossed into the sea.
Clause 8 – Ashes to be scattered at the Melbourne Cricket Ground or other location
I direct that my body be prepared for cremation at as little expense as possible, then cremated and the ashes placed in a paper box. At a convenient time during the summer following my death, I request that __________ [insert, for example: “my eldest son, John” or “my executor” or “my partner, Barbara”] take my ashes to __________ [for example, “Melbourne Cricket Gound, MCG” or “Adelaide Hills,.”] There, I request __________ to scatter my ashes in a suitable place, such as __________ [for example, a hilltop overlooking the City in the distance]. After my ashes have been scattered as above directed, I desire to have the paper box set afire and its ashes scattered at or near the spot where my ashes were scattered.
Take the power!
Take the power! Record your funeral wishes that lists your instructions for any funeral arrangements, including who should be in charge, and for what to do with your body.
Why do I need this power tool?
If you do not record your wishes, the law defaults to the person or people your state defines as your “next of kin” to make these decisions for you—usually a blood relative.
If you have a spouse or registered domestic partner legally recognised in your state or the state where the death occurs, that person probably will stand ahead of your blood relatives.
You’ll want to establish who will be in charge, and also make your wishes about the arrangements clear in writing so as to prevent arguements.
If you do not leave binding written instructions, someone you haven’t chosen could decide everything from whether your organs will be donated to whether you will be buried or cremated, from what your memorial service will be to the clothing you will be buried in, from the language of your headstone to how your gender identity is listed in an obituary
Having confirmation of your funeral directive instructions in your will can, however, be helpful if there is a dispute.
About eziFunerals
eziFunerals supports individuals and families coping with end of life decisions, death and funerals. We are an independent, Australian-owned and operated company. We are not part of any other funeral company.
Our member Funeral Directors operate in Sydney, Melbourne, Brisbane, Perth, Adelaide and Australia wide. They are chosen for their knowledge, quality, service, personalisation and experience. They go above and beyond, and will take the time to support the family.
For more information or to make contact with a trusted Independent funeral director, call eziFunerals on 1300 236 402 or visit www.ezifunerals.com.au.
Peter Erceg
Peter Erceg is the Owner and Founder of eziFunerals. He has had a long history within the funeral industry, and is a published author of ‘What Kind Of Funeral: A self help guide to planning a meaningful funeral’. Prior to eziFunerals, Peter worked in the public sector and health industry for more than 30 years. The views and opinions expressed on posts are those of the author and do not necessarily reflect the opinions of eziFunerals and members.
