It is important to remember that when a loved one has died, the planning of the funeral is something that one should not take lightly. Did the Deceased want to be cremated? Is there a plot already purchased? Should the ashes be scattered? Do we proceed with a religious ceremony? Do we plan a Celebration of Life? Is there money to pay for the funeral? Are there any specific requests in a Will? And most importantly, who has the right to make these decisions?
Let’s start with who has the right to make the funeral arrangements. In Ontario, if a Will is prepared, the Estate Trustee has the right to make the funeral arrangements. The Deceased may also indicate in the Will what their wishes are, but the Estate Trustee does not have an obligation to follow those instructions.
When there is no Will and no Estate Trustee has been appointed by the Court, the Funeral Director will do their due diligent to ensure that the correct individual is making the decisions regarding funeral arrangements.
This step is important because when the contract is entered into with the funeral home, the individual who signs the contact is the one who is responsible for the cost and who will receive the Proof of Death Certificate for the deceased. If this person is not the Estate Trustee, it can cause delays in starting the administration of the Estate, should this person refuse to release a copy of the Proof of Death Certificate to the Estate Trustee. If this should happen, the Estate Trustee may request an official Proof of Death Certificate from the Ontario Government for a fee.
The Proof of Death Certificate is an important document during the administration of the Estate because without it the Estate Trustee may have difficulty obtaining the original Will and securing the deceased’s assets with financial institutions, among other things.
While the withholding of the Proof of Death Certificate will not ultimately stop the administration of the Estate, it will cause an unnecessary delay and may result in conflict and bad feelings between the parties.
More information? We’re here to help – [email protected] This WARDS LAWYERS PC publication is for general information only. It is not legal advice, nor is it intended to be. Specific or more information may be necessary before advice could be provided for your particular circumstances.
