Do You Need a Will to Decide Your Funeral?

27 November, 2025 4 minutes reading time

Putting off making a Will is common (and understandable), but this postponement causes unnecessary difficulties for your family. Moreover, while you can include funeral details—such as cremation, burial, the type of service, and music—in your Will, relying solely on it for planning involves risks. A Will often comes too late to legally determine arrangements, but it always holds an important role. In England and Wales, the personal representative of the estate has the authority to manage the body and make final funeral decisions.

With a Will: The Role of Your Executor(s)

When you have a Will, the executor(s) you name become the personal representatives. They hold the legal authority to manage your remains and make final decisions about funeral arrangements, such as burial or cremation. If you name more than one executor, they share this responsibility equally.

This authority takes precedence over the wishes of a spouse, children, or other family members. The executor(s) also handle the funeral bills using funds from your estate. 

Without a Will: The Role of an Administrator

When someone passes away without leaving a Will, an administrator is appointed based on the rules of intestacy. This process follows a specific hierarchy of the closest living relatives—spouse or civil partner first, then children, followed by parents, and so on. The person highest on this list has the legal right to apply as the administrator and takes charge of the funeral arrangements.

Crucially, the rules of intestacy do not recognise unmarried partners (cohabitees). Contrary to common belief, a long-term partner does not automatically have the legal right to arrange the funeral in this situation. 

Timing: Why the Will Isn’t Enough

The funeral generally occurs within weeks, but locating and legally proving your Will can take much longer. Your loved ones often start making arrangements before the executor has official legal authority.

Your Will is legally binding, but your funeral wishes aren’t.

The executor(s) must follow the rest of your Will’s instructions, but they are not legally obliged to adhere to your funeral preferences. Including your wishes still helps minimise disputes and offers a helpful initial guide for loved ones, but it does not guarantee compliance.

Our Advice

Don’t underestimate how reassuring clear guidance can be for your family. The most reliable way to share your preferences is to create a separate ‘letter of wishes or instruction’. This document outlines your preferences (music, readings, burial spot, etc.). Ensure your executor(s) and key family members know exactly where to find it. This provides timely, clear guidance when they need it most. Like funeral wishes in a Will, this letter is not legally binding, but it offers immediate, practical help.

Things to Consider 

No matter which path you choose, you may wish to consider:

• Disposition: Do you favour a burial or cremation? Where would you like your body to be buried, or your ashes to be kept?

• Service: Have you thought about a venue for the funeral and wake?

• Tributes: Who might you want to give a heartfelt eulogy? Are there readings, music, art, or photos you’d love to include?

• Donations: Would you prefer flowers or a donation to charity?

A truly personal funeral can bring comfort and joy to those you leave behind.

A quick note on organ donation. To make sure your wishes are clear, share your preferences both on the Organ Donation Register and with your loved ones.

Final Step: Talk to Your Family

The days and weeks following a loss are very emotional. Talk with your family today about what you want. This makes things simpler for everyone and helps make sure your preferences are clear.

Some people find reassurance in planning their own funerals beforehand, and pre-paid funeral plans can be an excellent choice. These plans help cover costs in advance and let you decide on many arrangements ahead of time.

If you need help or advice about making a Will or any other estate planning issue, please don’t hesitate to contact us. We’re here to help.

Please note that all views, comments or opinions expressed are for information only and do not constitute and should not be interpreted as being comprehensive or as giving legal advice. No one should seek to rely or act upon, or refrain from acting upon, the views, comments or opinions expressed herein without first obtaining specialist, professional or independent advice. While every effort has been made to ensure accuracy, Curtis Parkinson cannot be held liable for any errors, omissions or inaccuracies.

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