My mother told us before she died that she wanted to be cremated and have her ashes scattered at a particular place, but some family members disagree and want a burial instead. Are her wishes legally binding on us?
A person's wishes about their funeral, including whether they wish to be buried or cremated, are not generally legally binding, and New Zealand law gives the right to decide on burial arrangements to the executor named in the will, or if there is no will or executor, to the next of kin who apply for administration. Courts have said that a deceased person's wishes, while they should be given real respect and weight, do not bind those responsible for the funeral. If family members disagree, the matter is usually resolved by discussion, and in rare, serious disputes it may be taken urgently to the High Court, which can make a decision, taking into account the deceased's wishes, religious and cultural factors and the views of those close to the deceased. Acting quickly is essential given the practical urgency of funeral arrangements.
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