No one likes to contemplate their death. If we do think about the unthinkable, we like to hope that we will go as peacefully as possible with nothing left to worry about. Adequate estate planning can save your loved ones a great deal of time, money and stress while they are grieving you.

Part of your estate planning might include deciding what you want to happen to your remains after death. You may wish for your body to be interred in a family plot, have your ashes scattered somewhere special or have your remains disposed of in accordance with your cultural practices.

It may come as some shock then, that while your Will can contain instructions regarding your remains, these instructions are not necessarily binding. This can be a problem when your executors and members of your family are at odds as to what to do with your remains.

In New Zealand, the executor has both the right and the duty to make decisions about the remains of the deceased. However, there are a range of different factors that the executor needs to consider when making their decision, including cultural, religious and spiritual practices as well as the views of immediate and wider family. If it can be shown that the executor did not take all relevant considerations into account, then there may be grounds for the executor’s decision to be challenged in court.

Your wishes are of course relevant, but your executor may (and is entitled to) weigh your wishes up against any other factors that your wider family raises.

To hopefully avoid any disagreements and potential litigation after you have passed, you may wish to have a conversation with your executors and your loved ones now. This helps ensure everyone is on the same page about what should happen following your death and increases the likelihood that the wishes you record in your Will will be followed.

Edmonds Judd can assist you with this by drafting your Will and providing advice about your estate planning.