Making the Funeral Arrangements: Difference between revisions

Latest revision as of 02:08, 21 March 2018

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Helen Low, QC and Nicco Bautista in January 2017.

There are many decisions to make when arranging the funeral of a loved one who has died. For example:

Where and when will the funeral be?
Will the deceased be buried or cremated?
Will there be an obituary notice or funeral announcement published in the paper?

Often people leave instructions about what they want, either in their will or a letter. When possible, arrangements should respect the deceased’s wishes.

Who is responsible for arranging the funeral?

If the deceased left a will, the executor named in the will is responsible for arranging the funeral and paying the funeral expenses from the deceased’s estate.

If there is no executor, the responsibility for arranging the funeral falls to the deceased’s spouse. BC law sets out a priority order if there is no spouse or they are unwilling to take on the responsibility: next is the adult children of the deceased (in age descending order), followed by the adult grandchildren, a parent of the deceased, an adult sibling, an adult nephew or niece, and so on.

Burial or cremation

By law in BC, a deceased person must be buried or cremated.

Cremation involves using extreme heat and processing to turn the body into sand-like “ashes”. The ashes are placed into an urn.

Are the deceased’s wishes binding?

"In her will, our mom asked that her remains be scattered over a local pond. My siblings and I wanted to bury mom's ashes beside our dad, who died two years before. But by law, because mom had set out a preference in her will, and it wasn’t unreasonable or impracticable, those wishes had to be honoured. After the funeral service, we gathered to scatter mom's ashes over the pond, as she had wished."
– Mavis, Kelowna

Where a will or “preneed cemetery or funeral services contract” sets out the deceased’s wishes for burial or cremation, those wishes are binding on the person arranging the funeral. The exception is if the wishes are unreasonable or impracticable or cause hardship.

If the deceased expressed a preference in another way, such as through a letter or by telling a loved one, then those wishes are not legally binding on the person arranging the funeral.

If cremation is chosen

Because cremation is irreversible and ends any ability to determine cause of death, cremation cannot take place until 48 hours has passed after the time of death.

The cremated remains are returned to the person with responsibility to arrange the funeral. As long as the ashes are treated with respect, the law does not limit what you can do with them. You can keep the ashes in an urn of your choice, bury them in a cemetery plot, or scatter them.

There are no provincial regulations that prohibit the scattering of cremated remains on land, sea or by air. Ashes can generally be scattered anywhere, but if you wish to scatter ashes on private land you should get consent from the landowner.

If burial is chosen

There is no law stating a specific time-frame for burial. The timeline is usually determined by the need to secure all permits and authorizations, notify family and friends, prepare the cemetery site, and observe religious and cultural rituals.

The funeral home may suggest embalming, particularly if an open casket is planned or there is a delay between the death and the burial. Embalming involves using chemicals to prevent the body from decomposing. Embalming is not required by BC law.

The funeral service

Funerals can celebrate the life of the deceased, provide comfort for the living, and offer a time for the community to support the bereaved family and friends.

In planning the funeral service, consider:

Location: Common options include a funeral home, a church, a community facility, your home, or the home of a friend or relative.
Type of service: Options include a graveside service (in which the urn or casket is buried), a memorial service or celebration of life (services without a burial), or a direct cremation or burial (a disposition without a formal ceremony).
Urn or marker: If there is to be an urn or a grave marker such as a headstone, do you want to display it at the service?

Ideally, the service will reflect the lifestyle and personality of your deceased loved one.

Funeral costs

When you meet with the funeral home to make the arrangements, make sure you know what you are purchasing and consider whether it really is what you want. While some services offered by funeral homes are legal requirements, such as registering the death, other services are optional, such as embalming or a memorial book.

Prices for funeral services vary widely. All funeral providers must display a current price list of the services and products they offer. If you ask for prices over the phone, they must provide them to you.

The funeral home should provide a written estimate of the cost of the funeral, but the final bill may be higher. The bill will cover the costs of burial or cremation, the fees for the funeral service, and the professional services of the funeral director. There will also be charges for any extras you requested, such as flowers or catering.

Paying the funeral costs

The person who arranges the funeral is responsible for paying the bill. It is important to know where the money for the funeral will come from. Your deceased loved one may have made a preneed contract, paying for their funeral in advance. Check their personal papers to see if they did so. If they did, this should cover the whole cost of the funeral.

If you ask the funeral home for an invoice, you can take it to the financial institution where the deceased did their banking. Most banks will pay the funeral home directly from the deceased’s account. The bank may wish to see a copy of the death certificate and the will, if there is one.

If you pay the funeral home’s bill out of your pocket, you must wait until the estate is settled to receive reimbursement.

If the deceased served in the military and meets the financial criteria, you may be able to get help with funeral expenses from the Last Post Fund. This national non-profit organization provides grants to the spouse or family of a qualifying veteran toward funeral and burial expenses when the estate cannot afford to pay. If the deceased was a child, some funeral homes have a compassionate policy for child deaths.

The BC government may assist when a person dies and there is no money to pay for funeral expenses. This is available to anyone with low income in BC who has no other funds, even if they are not on income assistance. Call 1-866-866-0800.

Cemetery costs

The cost of the funeral service does not include the cost of a cemetery lot or a memorial marker (for example, a headstone or plaque). You must arrange for these separately.

Before purchasing a memorial marker, make sure it meets the requirements of the cemetery selected. Most memorial dealers can tell you the requirements for local cemeteries.

If you have a complaint

All funeral homes, cemeteries and crematoriums must be licensed with Consumer Protection BC, which regulates the cemetery and funeral services industry in BC.

If you have a complaint about a funeral home, cemetery, or crematorium, contact Consumer Protection BC. See the “Where to Get Help” section for contact details.

A Death in Your Family © People's Law School is, except for the images, licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Licence.

@@ Line 1: / Line 1: @@
-{{A Death in Your Family TOC}}
+{{REVIEWEDPLS | reviewer = [[Helen Low|Helen Low, QC]] and [[Nicco Bautista]]|date= January 2017}}{{A Death in Your Family TOC}}
-Legally, the person named in the Will as the executor of the person’s estate has the responsibility for dealing with the body and arranging the funeral. If there is no executor, then the next-of-kin is responsible.
+There are many decisions to make when arranging the funeral of a loved one who has died. For example:
+* Where and when will the funeral be?
+* Will the deceased be buried or '''cremated'''?
+* Will there be an '''obituary notice''' or funeral announcement published in the paper?
-If you wish to know who within the family has priority as next-of-kin, after the executor or spouse, there is a list in the ''Cremation, Interment and Funeral Services Act''. See the "[[Helpful Information When a Family Member Dies |Helpful Information]]" section.
+Often people leave instructions about what they want, either in their will or a letter. When possible, arrangements should respect the deceased’s wishes.
-The Will may have instructions about the disposition of the body. The law says if there are written wishes, you should follow them unless the wishes are unreasonable, impossible to follow, or would cause hardship.
+==Who is responsible for arranging the funeral?==
+If the deceased left a will, the '''executor''' named in the will is responsible for arranging the funeral and paying the funeral expenses from the deceased’s estate.
-You may choose to hold a service or memorial in a manner and in a place that reflects the lifestyle and personality of your deceased family member.
+If there is no executor, the responsibility for arranging the funeral falls to the deceased’s spouse. [http://canlii.ca/t/84mx BC law sets out a priority order] if there is no spouse or they are unwilling to take on the responsibility: next is the adult children of the deceased (in age descending order), followed by the adult grandchildren, a parent of the deceased, an adult sibling, an adult nephew or niece, and so on.
-There will be many details to finalize about the funeral or memorial service. You may wish to use the online information provided by the Funeral Service Association of BC.
+==Burial or cremation==
+[[File:A_Death_in_Your_Family_contents3.png|thumb|275px|right| link=| <span style="font-size:50%;">Image via www.istockphoto.com</span>]]
-By law, a deceased person must be buried or cremated. The body must be placed in a rigid container or casket that is sufficient to hold and transport the body and to prevent a health hazard. The casket or container could be homemade; it does not have to be provided by a funeral home.
+By law in BC, a deceased person must be buried or cremated.
-There is no law that states a specific time-frame for burial. The timeline is usually determined by the need to secure all permits and authorizations, notify family and friends, prepare the cemetery site, and observe religious and cultural rituals. Because cremation is an irreversible process and eliminates any ability to determine cause of death, 48 hours must elapse after the time of death before cremation may take place.
+Cremation involves using extreme heat and processing to turn the body into sand-like “ashes”. The ashes are placed into an urn.
-== Funeral and cemetery costs ==
+===Are the deceased’s wishes binding?===
-In British Columbia, funerals and cemeteries are regulated under two laws. The ''Business Practices and Consumer Protection Act'' governs the nature of the contractual relationship between you and the funeral home and burial/cremation service. The ''Cremation, Interment and Funeral Services Act'' deals with specific aspects of cremation, as well as funeral and cemetery services.
-All funeral providers and cemetery operators must be licensed with the Consumer Protection BC, which is responsible for the administration and enforcement of legislation concerning cemeteries, crematoriums, and funeral providers.
+{{PLSStorybox
+| image = [[File:Headshot_-_A_Death_in_Your_Family_-_Mavis_-_2017-03-16.jpg|link=]]
+| text      = "In her will, our mom asked that her remains be scattered over a local pond. My siblings and I wanted to bury mom's ashes beside our dad, who died two years before. But by law, because mom had set out a preference in her will, and it wasn’t unreasonable or impracticable, those wishes had to be honoured. After the funeral service, we gathered to scatter mom's ashes over the pond, as she had wished." <br>– Mavis, Kelowna
+}}
-The funeral home will pick up the body, prepare the body for burial or cremation, and provide a casket or container to transport the body. They may also provide a range of optional services, from placing the '''obituary notice''' in the newspaper to arranging catering for the reception.
+Where a will or “'''preneed cemetery or funeral services contract'''” sets out the deceased’s wishes for burial or cremation, those wishes are binding on the person arranging the funeral. The exception is if the wishes are unreasonable or impracticable or cause hardship.
-Prices for funeral services vary widely. All funeral providers must display a current price list of the services and products they offer. If you ask for prices over the phone, they must provide them to you.
+If the deceased expressed a preference in another way, such as through a letter or by telling a loved one, then those wishes are not legally binding on the person arranging the funeral.
-When you meet with the funeral home staff to make the arrangements, make sure you know what you are purchasing and consider whether it really is what you want. While some services provided will be basic legal requirements, other services are optional, such as embalming.
+===If cremation is chosen===
+Because cremation is irreversible and ends any ability to determine cause of death, cremation cannot take place until 48 hours has passed after the time of death.
-Some funeral homes have a compassionate policy when a child has died. The funeral home will have expenses related to the funeral, such as fees for the cemetery or cremation, death certificates, and clergy. Some funeral homes require you to pay for those items prior to the funeral service. If you pay the funeral home directly, you must wait until after the estate is settled to receive reimbursement.
+The cremated remains are returned to the person with responsibility to arrange the funeral. As long as the ashes are treated with respect, the law does not limit what you can do with them. You can keep the ashes in an urn of your choice, bury them in a cemetery plot, or scatter them.
-[[File:Living Will.jpg|300px|thumb|right]]
+{{PLSTipsbox
-If you ask the funeral home for an invoice, you can take it to the bank; they will pay the funeral home directly from your deceased family member’s account. The bank may wish to see a copy of the Death Certificate and the Will, if there is one.
+| text = There are no provincial regulations that prohibit the scattering of cremated remains on land, sea or by air. Ashes can generally be scattered anywhere, but if you wish to scatter ashes on private land you should get consent from the landowner.
+}}
-If the family member served in the Canadian Armed Forces and had absolutely no '''assets''', you may be able to get help with funeral expenses from the Last Post Fund. This national non-profit organization provides grants to the spouse or family of a deceased veteran toward funeral and burial or cremation costs when the estate cannot afford to pay. Veterans include war veterans, merchant mariners, and qualified civilians.
+===If burial is chosen===
+There is no law stating a specific time-frame for burial. The timeline is usually determined by the need to secure all permits and authorizations, notify family and friends, prepare the cemetery site, and observe religious and cultural rituals.
-The price for the funeral service does not include sale of a cemetery lot, i.e. a grave, crypt, or niche, or sale of a memorial marker, i.e. headstone, tombstone, monument, or plaque. You must arrange for these separately. The funeral home can assist you.
+{{PLSTipsbox
+| text = The funeral home may suggest '''embalming''', particularly if an open casket is planned or there is a delay between the death and the burial. Embalming involves using chemicals to prevent the body from decomposing. Embalming is not required by BC law.
+}}
-The prices of cemetery lots and memorial markers vary widely. Before purchasing a marker, make sure it meets the requirements of the cemetery you have selected. Most memorial dealers can tell you the requirements for local cemeteries.
+==The funeral service==
+Funerals can celebrate the life of the deceased, provide comfort for the living, and offer a time for the community to support the bereaved family and friends.
-The cremated remains are returned to the executor or person who has the legal authority to control the disposition of the cremated remains. As long as the cremated remains are treated with respect, the law does not limit what you can do with them. You can scatter the remains, keep them at home, take them overseas, put them in a garden on private property, or inter them in a cemetery.
+In planning the funeral service, consider:
+* '''Location:''' Common options include a funeral home, a church, a community facility, your home, or the home of a friend or relative.
+* '''Type of service:''' Options include a graveside service (in which the urn or casket is buried), a memorial service or celebration of life (services without a burial), or a direct cremation or burial (a disposition without a formal ceremony).
+* '''Urn or marker:''' If there is to be an urn or a grave marker such as a headstone, do you want to display it at the service?
-If permitted by municipal bylaws, the remains can be scattered on land, sea, or air or in any place that has personal meaning. The Funeral Service Association of BC has information about cremation on their Website, "Burial and Cremation".
+Ideally, the service will reflect the lifestyle and personality of your deceased loved one.
-== What if I need more information or have a complaint? ==
+==Funeral costs==
+When you meet with the funeral home to make the arrangements, make sure you know what you are purchasing and consider whether it really is what you want. While some services offered by funeral homes are legal requirements, such as registering the death, other services are optional, such as embalming or a memorial book.
-If you need more information or have a complaint about a cemetery, crematorium, or funeral home, you may wish to contact one of the following.
+Prices for funeral services vary widely. All funeral providers must display a current price list of the services and products they offer. If you ask for prices over the phone, they must provide them to you.
-* Cemetery and Crematorium Association of BC
-* Funeral Service Association of BC
-Both non-profit groups have extensive information and can provide assistance with problem-solving.
+The funeral home should provide a written estimate of the cost of the funeral, but the final bill may be higher. The bill will cover the costs of burial or cremation, the fees for the funeral service, and the professional services of the funeral director. There will also be charges for any extras you requested, such as flowers or catering.
-If you have a complaint and cannot resolve the problem, send your complaint in writing to the Consumer Protection BC. They have the authority to investigate.
+===Paying the funeral costs===
+The person who arranges the funeral is responsible for paying the bill. It is important to know where the money for the funeral will come from. Your deceased loved one may have made a preneed contract, paying for their funeral in advance. Check their personal papers to see if  they did so. If they did, this should cover the whole cost of the funeral.
+If you ask the funeral home for an invoice, you can take it to the financial institution where the deceased did their banking. Most banks will pay the funeral home directly from the deceased’s account. The bank may wish to see a copy of the death certificate and the will, if there is one.
+{{PLSTipsbox
+| text = If you pay the funeral home’s bill out of your pocket, you must wait until the estate is settled to receive reimbursement.
+}}
+If the deceased served in the military and meets the financial criteria, you may be able to get help with funeral expenses from the [http://www.lastpostfund.ca/EN/funeral.php Last Post Fund]. This national non-profit organization provides grants to the spouse or family of a qualifying veteran toward funeral and burial expenses when the estate cannot afford to pay. If the deceased was a child, some funeral homes have a compassionate policy for child deaths.
+The [http://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/general-supplements-and-programs/funeral-costs BC government may assist] when a person dies and there is no money to pay for funeral expenses. This is available to anyone with low income in BC who has no other funds, even if they are not on income assistance. Call 1-866-866-0800.
+===Cemetery costs===
+The cost of the funeral service does not include the cost of a cemetery lot or a memorial marker (for example, a headstone or plaque). You must arrange for these separately.
+Before purchasing a memorial marker, make sure it meets the requirements of the cemetery selected. Most memorial dealers can tell you the requirements for local cemeteries.
+==If you have a complaint==
+All funeral homes, cemeteries and crematoriums must be licensed with [https://www.consumerprotectionbc.ca Consumer Protection BC], which regulates the cemetery and funeral services industry in BC.
+If you have a complaint about a funeral home, cemetery, or crematorium, contact Consumer Protection BC. See the “[[Where to Get Help for A Death in Your Family|Where to Get Help]]” section for contact details.
 {{A Death in Your Family Navbox}}
+{{Creative Commons for PLS
+|title = A Death in Your Family
+|author =
+}}
+__NOGLOSSARY__

Making the Funeral Arrangements: Difference between revisions

Latest revision as of 02:08, 21 March 2018

Contents

Who is responsible for arranging the funeral?