Putting funeral wishes in a will
It is easy to assume a funeral wish written into a will has to be followed. In England and Wales it does not, and the will is often read only after the funeral has already happened. This page is general information about the law in England and Wales, not legal advice.
Your funeral wishes are not binding on your executors
In England and Wales, a direction in a will about your funeral is a wish rather than an instruction. The duty to deal with your body sits with your personal representatives, normally the executors you named, and they are free to make different arrangements. That surprises people, because the will is the one document where they expect their word to be final.
Scotland and Northern Ireland are separate legal systems with different rules. This page covers England and Wales.
The will is usually found after the funeral
There is no formal reading of the will in England and Wales. That scene belongs to films. In real life the family finds the will, a relative registers the death, the executor arranges the funeral, and only then applies for probate. Probate is the slow part, and it comes last.
The funeral is usually arranged and held before the grant of probate arrives. So the sentence you wrote about burial or cremation is often read for the first time after the decision it was meant to guide. If your wishes exist only in the will, there is a real chance nobody sees them in time.
The fix is practical rather than legal. Tell your executors while you are alive, tell one other person close to you, and make sure someone knows where the original will is kept and can get to it. A will locked somewhere only you can open is one version of this problem.
Burial, cremation and the parts people forget
Burial or cremation is the decision that has to be made first, so it is the one worth writing down plainly. Everything else can follow from it.
If you want a particular grave, check it is possible before you write it down. In a cemetery a grave is usually used under an exclusive right of burial, which somebody holds for a fixed term, and the grave has to have room left. Some graves are public graves with no such right, and those cannot be reserved. A churchyard works differently, so ask the parish what is possible before you write a specific grave into your will. Being buried with a spouse is a common wish and sometimes an impossible one. Some churchyards are also closed to new burials.
For cremation, say who should hold the ashes and what should happen to them. If you want ashes scattered somewhere you do not own, check first who has to agree, and say so, because a family left with an urn and no instruction is in an awkward position.
Organ donation is a separate decision, and a faster one
Organ donation is decided very soon after death, so a will plays no part in it. England and Wales both operate an opt-out system for organ donation. Check the current rules with NHS Blood and Transplant and record your decision on the NHS Organ Donor Register. In both, your family is still consulted, and under 18s and people who lacked the capacity to understand the arrangements are excluded.
So two things are worth doing, and neither of them is your will: record your decision on the NHS Organ Donor Register, and tell your family. A family that already knows your view finds that conversation far easier.
Donating your whole body for anatomical examination is different again. Under the Human Tissue Act 2004 the consent has to be yours, given in writing before you die, either signed in front of a witness or contained in a valid will. A medical school can decline a donation, so contact one directly and follow whatever consent process it asks you to complete. So record it in both places, on their form and in your will.
Where to record the detail
Put the headline in the will: burial or cremation, and any intention to donate your body. We do not charge extra to include it, and it is dated, witnessed evidence of your view at a moment when a family may be arguing.
Put the detail in a letter of wishes kept with the will: music, readings, who should be invited, whether you want a wake, what you would rather not have. There is a second reason to split it that way. Once probate is granted the will can become publicly accessible, whereas a letter of wishes does not. A letter of wishes does not form part of that public record.
If the money matters, handle it separately. Reasonable funeral costs are normally paid out of the estate ahead of other debts. Whether a bank will settle a funeral director's invoice before probate is a matter for that bank, so ask early. A pre-paid funeral plan goes further, because it is a contract with a provider rather than a wish.
Before you write your funeral wishes down
Six things worth settling first.
- Decide burial or cremation, and say it in one plain sentence.
- If you want a specific grave, ask the cemetery who holds the exclusive right of burial and whether there is space left. In a churchyard, ask the incumbent whether a plot can be reserved by faculty.
- Say who should hold or scatter the ashes, and where.
- Record your organ donation decision on the NHS Organ Donor Register and tell your family.
- If you want to donate your body, contact a medical school now and ask what they need from you.
- Tell your executors what you want, and tell them where the original will is kept.
What a will cannot do here
This page is general information about how funeral wishes work in England and Wales, not legal advice on your own situation, and we are will writers rather than solicitors. A will is a sensible place to record funeral wishes, but it is worth being clear about what it will not achieve.
- It cannot compel anyone. Your personal representatives hold the duty to deal with your body, and a funeral wish will not be enforced against them.
- It usually arrives too late. The funeral is normally over before the will is doing any work, which is why telling people matters more than the wording.
- It cannot arrange body donation on its own. A valid will can carry the consent under the Human Tissue Act 2004, but a medical school can still decline a donation, so contact one in advance and complete their consent form as well.
- It cannot pay for anything by itself. Funds come from the estate, and until they are released someone has to cover or defer the bill.
- If you expect a genuine fight over the funeral, for example between a second spouse and adult children from a first marriage, that can end up in front of a court. Take advice from a solicitor. We are will writers: we do not give legal advice or act in disputes.
- This is England and Wales only. Scotland and Northern Ireland have separate rules on funerals and on organ donation, so do not rely on this page there.
Common questions
Is a funeral wish in a will legally binding?
No. In England and Wales your personal representatives decide how your body is dealt with, normally the executors you named. A funeral wish in a will is a clear written record of what you wanted, but nobody can be forced to follow it. If they cannot agree, a court can decide who takes charge.
Should I put funeral wishes in my will at all?
Yes. We do not charge extra to include it, it is dated and witnessed, and it gives a family one clear written record when people each remember a different conversation. Just do not let the will be the only place the wish exists.
Does my will need to mention organ donation?
It will not be read in time to matter. Record your decision on the NHS Organ Donor Register and tell your family. Whole body donation is different: a valid will can carry the consent, but a medical school can still decline a donation, so contact one in advance, complete their consent form and keep a copy with your will.
Who pays for the funeral before probate is granted?
Reasonable funeral costs are normally paid out of the estate ahead of other debts. Whether a bank will release funds for a funeral director's invoice before probate is a matter for that bank, so it is worth asking early.
Start when you are ready
If you are ready to write the will itself, a will writer can take your funeral wishes over the phone as part of the same conversation. Our Family & Estate Will is £49 instead of £249, or £99 instead of £498 for two. Offer ends 31 August.
Family & Estate Will £49, normally £249. Couples Will for you and your partner £99, normally £498. Offer ends 31 August.