MANY people believe the instructions they leave in their will regarding their funeral, burial or cremation are binding.
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In fact, the executor or administrator has the right to decide and is not bound to follow any instructions.
This can lead to disputes where family members disagree.
The Victorian Law Reform Commission is seeking public input on funeral and burial wishes, and whether the law should be amended to allow a person to leave binding instructions.
Options include making the wishes of the deceased person binding on whoever organises their funeral and burial, or requiring the person who disposes of the body to take into account the view of the deceased.
Commission chair Philip Cummins said the question was whether the current law reflected the cultural diversity and complex nature of modern families.
"The death of a person is distressing, which can be intensified if the loved ones of the deceased disagree about the funeral and burial," he said.
Submissions close on December 21 and members of the public are invited to read the consultation paper and take a quick online survey on the topic.
Information at www.lawreform.vic.gov.au
