In Ontario, if you have a Will, the short answer is that your Estate Trustee (Executor) has complete authority to make arrangements for your funeral and for disposition of your remains.  He or she has no obligation to follow your wishes or the wishes of other family members.  It is essential, therefore, that you discuss your wishes with your Estate Trustee so that he or she will do what you want. If you do not have a Will and no Estate Trustee has been appointed by the Court, your next-of-kin can make funeral and burial arrangements as long as there is no dispute among them.  Typically a spouse or common law partner will have first priority followed by children of the deceased. The bottom line:  If you have specific wishes concerning the disposal of your remains and/or funeral arrangements, they constitute one more good reason for you to have an up-to-date estate plan and Will.

Contact Us

2 St Clair Ave West
Suite 700
Toronto, ON M4V 1L5
Canada

Phone: (416) 863-0125

Fax: (416) 863-3997

Questions? Send us an email.

    Sending an e-mail to us will not make us your lawyers. You will not be considered a client of Mills & Mills LLP until we have agreed to act for you in accordance with our usual policies for accepting clients. No information we provide to you can be treated by you as legal advice, unless and until we have agreed to act for you. Confidential or time-sensitive information should not be sent through this form.