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Can I choose whether I am cremated or buried?

I want to be cremated after death and I want my ashes scattered in a few particular locations. Will stating my intentions under a will make it legally binding on an executor?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 29-10-2015
1 Lawyer Answered
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Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Neha Sharma, Hillsdale 2036 NSW

  • The executor of your will is required to make arrangements for your funeral. You may state in your will any specific instructions regarding your funeral however these are not legally binding on your executor or your trustee appointed under the will.
  • Funerals need to be arranged relatively quickly after death. A person’s will is usually not accessed until after their funeral.
  • Generally your family will abide by your wishes if they know them. If you desire a specific funeral you should discuss this with your close family so that they are aware of your wish and can act accordingly.

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