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.
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Canada
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