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Friday, February 8, 2013

Dispute over King Richard III's remains - could this happen to you?

I'm attaching a link below to an article by Toronto Estate Law Blog which talks about the discovery of the remains of King Richard III of England. It also makes reference to the fact that there is now a battle going on as to who has the right to claim his remains. Click on the link to read the article.

My Kingdom for a Blog

In the article, the author brings up the point that in Ontario, the choice of where remains are to be buried, or how they are to be disposed of, is the responsibility of the executor. This is an important point, as it can cause some real emotional turmoil when family members disagree about how to bury, cremate or otherwise deal with a loved one's remains.

Most people don't realize that an executor of a will can make the decision about the remains even if the will says something different is to be done. And even if the next of kin or even the spouse have other wishes. While a spouse almost always assumes that he or she has the legal right to decide where and how to deal with their spouse's remains, this is not so when the spouse is not the executor. You can imagine how upsetting that situation could be.

To avoid this kind of dispute arising in the event of your own passing, make sure that you discuss your wishes for funeral or cremation with the person you've appointed as your executor.

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