When you pass away, the person given the responsibility to dispose of your body is the executor under your will. If there is no will, the person with the right to apply for administration of your estate, such as the spouse or next of kin, will have this responsibility. This is in addition to balancing any practical, cultural, and religious factors.
Recently, the State of NSW was involved in a court case to resolve the disposal of a woman’s body who had committed suicide. The woman had died without a will. Her family wanted her to be cremated while her partner wanted her to have a burial.
Earlier, both parties had agreed on a burial. They agreed that the partner had been in a relationship with the woman. This agreement was later denied by the family. The woman’s mother said they had been pressured by their lawyers to agree to the burial.
The family argued that the partner did not have a relationship with the woman. They claimed that the partner was her pimp and drove her to suicide. The family had sheltered the woman up until her death. Various statements by the woman were used to prove that she wanted to be cremated.
The partner showing that he had a relationship with the woman and used his father and friends as proof that she was emotionally committed to him. He said that he would prefer to have her buried because of his own spiritual beliefs. The partner provided statements from the woman that she wanted to be buried.
The court decided that the woman was closer in connection to her biological family. She was more aligned with them rather than the partner. The family was also willing to pay the costs of the funeral unlike the partner. This showed commitment to a respectful disposal of the body. The court granted permission to the family to dispose of the body by way of cremation.
This case shows the value of a will that deals with estate issues. Dying without a will can lead to unpredictable outcomes and hardship for your loved ones.
