The latest celebrity estate to make headlines is that of Gary Cole. I notice that one of the big issues on this estate is the debate over disposition of his remains. I understand that Mr. Cole had expressed a wish that he be cremated. I also understand that he named an executor in his Will. Read the story
here.
In Canada, the executor makes the decision about disposition of remains. This sometimes takes people by surprise, as they assume that the next of kin have the right to make that decision. Legally however, the executor can make a decision that is not at all what other family members want. This is just one consideration in your choice of executor. If you talk about your wishes with the person you plan to name as your executor and you get a response that is along the lines of "no way would I ever do that", then you have a problem.
In practice, most executors are either a close family member (a spouse or child) or if not, they are folks who ask the close family members for their thoughts before making final arrangements for the remains. When a dispute does arise, it's an emotionally-charged argument for everyone.
I like to see individuals express their wishes for their remains in their Wills. I know the wishes are not binding on the executor. I know that often arrangements are already made before anyone reads the Will. But I like the idea anyway because when there is controversy over what to do with the remains, the family can stop speculating about "what he would have wanted" and simply read his wishes in the Will.
