If a person dies without a Will, who makes the funeral arrangements, if the deceased and the spouse of the deceased are separated?

April 25, 2017

When a person dies with a Will, the Estate Trustee of the deceased’s estate makes the funeral arrangements. However, when a person dies without a Will, the common law provides that the next of kin has the right to make the funeral arrangements. The spouse (husband or wife of the deceased, even if the parties are separated) or the person of the opposite or same sex with whom the deceased was living in a conjugal relationship before his/her death is usually the next of kin. If there is no spouse, the person most likely to be appointed as administrator of the estate should make the arrangements. In terms of priority, they include the deceased’s children, grandchildren, great-grandchildren, father or mother, brothers or sisters, grandparents etc.

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