The person with the right or the duty to control what happens to the body.
27 jurisdictions · 6 countries ·
role id disposition-of-remains-agent
Persona que decide el destino del cuerpo — Person who decides the disposition of the body
The advance instructions document may state what is to happen to the body and the organs once death has occurred.
Personal representative entitled to possession and disposal of the body
No one owns a dead body. At common law the duty to arrange proper disposal falls first on the personal representatives. An executor can claim possession of the body even before probate. An administrator has the same duty but may not be able to get an injunction for the body before the grant. For cremation, an executor or a near relative aged 16+ applies. If no suitable arrangements are made, the local authority must bury or cremate the body.
Something missing or wrong for UK — England & Wales?
Oldham MBC v Makin [2017] EWHC 2543 (Ch), para 9 (quoting Buchanan v Milton [1999] 2 FLR 844, 845-6); Cremation (England and Wales) Regulations 2008, SI 2008/2841, reg 15; Senior Courts Act 1981 s 116; Public Health (Control of Disease) Act 1984 s 46
Executor or nearest surviving relative (disposal of remains)
NI has no statutory priority list for who controls disposal of a body. Cremation in Belfast requires an application by the executor or nearest surviving relative, or a satisfactory explanation why someone else is applying. Cremation is unlawful if the deceased left a written direction against it. Whoever arranges the funeral is responsible for the bill.
Something missing or wrong for UK — Northern Ireland?
Cremation (Belfast) Regulations (Northern Ireland) 1961 (S.R. & O. (N.I.) 1961 No. 61) regs 6, 9, 13(d) (as made); nidirect, 'Arranging a funeral'
Person entitled to arrange burial, cremation or hydrolysis
If an adult made an 'arrangements on death declaration', the person it names makes the arrangements. Otherwise, or if that is impracticable, the nearest relative under a statutory list may do so. The list runs: spouse or civil partner, cohabitant of 6 months or more, child, parent, sibling, grandparent, grandchild, uncle or aunt, cousin, niece or nephew, then friend of long standing. The executor is not on the list.
Something missing or wrong for UK — Scotland?
Burial and Cremation (Scotland) Act 2016 s 65 (in force 4.4.2019, SSI 2018/380)
Person with right to control disposition of remains
The right to control disposition of human remains passes in this order: the personal representative named in the will, spouse, adult child, adult grandchild, guardian (for a minor), parent, adult sibling, adult nephew or niece, adult next of kin, the ministry or PGT, then another adult with a personal relationship. Written preferences in a will or preneed contract bind that person unless unreasonable. Funeral providers need that person's written authorization.
Something missing or wrong for Canada — British Columbia?
Cremation, Interment and Funeral Services Act, SBC 2004, c 35, s 5; Cremation, Interment and Funeral Services Act, SBC 2004, c 35, s 8
Estate trustee's right and duty to dispose of the body
No Ontario statute sets a priority list for who controls disposal of remains. Under case law (Saleh v Reichert, 1993), the estate trustee has the duty and authority to dispose of the body and may follow the deceased's lawful wishes. The funeral regulations assume a 'purchaser' and a 'personal representative' but do not rank decision-makers. Cremation also needs a coroner's certificate.
Something missing or wrong for Canada — Ontario?
Saleh v Reichert (1993), 104 DLR (4th) 384, 1993 CanLII 9394 (ON SC); O Reg 30/11 (General) under the Funeral, Burial and Cremation Services Act, 2002, ss 1, 53, 100, 101, 144
Heirs or successors deciding funeral arrangements and disposal of the body
A person of full age may decide the nature of their funeral and the disposal of their body. Without expressed wishes, the wishes of the heirs or successors prevail. Either way, the heirs or successors must act, and the costs are charged to the succession. No one may embalm, bury or cremate a body before an attestation of death and a 6-hour wait.
Person with the duty to make funeral and disposition arrangements
The person on whom the duty of burying the decedent or making other funeral and disposition arrangements devolves, and who may be liable to anyone who performs it instead.
Person with right to control disposition of remains
The person who controls disposition of remains, the location and conditions of interment, and funeral arrangements, and who bears the duty and liability for disposition costs.
Something missing or wrong for US — California?
Cal. Health & Safety Code §7100; Cal. Prob. Code §4683; Cal. Health & Safety Code §7100.1; Cal. Health & Safety Code §7105
Legally authorized person to direct disposition of remains
The person with legal authority to authorize and direct disposition of a decedent's remains, including cremation, under Florida's funeral and cemetery law.
Something missing or wrong for US — Florida?
Fla. Stat. §497.005(43) (2026); Fla. Stat. §497.005(43)(b) (2026); Fla. Stat. §732.804 (2026); Fla. Stat. §497.607(3)(a) (2026); Fla. Stat. §497.607 (2026)
Person with right to control disposition of remains
The person who holds the right to control disposition of a decedent's remains, including cremation, and who is liable for reasonable disposition costs under the Illinois Disposition of Remains Act.
Something missing or wrong for US — Illinois?
755 ILCS 65/5; 755 ILCS 65/10; 755 ILCS 65/15; 755 ILCS 65/40; 755 ILCS 65/20
Designee under a funeral planning declaration
The person on whom the right to control the disposition of the body and to make funeral and other ceremonial arrangements devolves — taken first from a dedicated funeral planning declaration, which Indiana forbids from being folded into a will or a power of attorney, and otherwise from an eleven-class statutory order.
Something missing or wrong for US — Indiana?
Ind. Code § 29-2-19-8; Ind. Code § 29-2-19-17; Ind. Code § 29-2-19-14
Person with the right to control interment
Person with custody and control of remains
A person may name who will have custody and control of their remains in a written, signed document; absent that, a ranked next-of-kin list applies, and the right lapses if it is not exercised within 4 days of death.
Funeral representative
Person with the right to control and duty of disposition
The person in whom the right to control the dead body vests and on whom the duty of final disposition devolves, taken from a written instrument the decedent signed or, failing that, from a twelve-class statutory order.
Person appointed to control the funeral and disposition
Person with right to control disposition of remains
The person who has the right to control disposition of remains and must carry out the decedent's directions where lawful and practicable.
Person authorised to dispose of the body
An adult may direct the type, place and method of disposition of their own body, through a ranked list of instruments beginning with a preneed funeral contract and a health care power of attorney.
Representative assigned the right of disposition
An adult may assign the right to control disposition of their own body to a named representative, or a group acting collectively, by a written declaration.
Person with the right to dispose of a decedent's remains
Person with right to control disposition of remains
The person who controls disposition of remains, including cremation, and must inter them. That person is liable for the reasonable cost of interment (except an executor or administrator) and may seek reimbursement from the estate.
Person controlling disposition of remains
A person controls the disposition of their own remains, and a signed, witnessed written document stating their wishes is by itself sufficient authority to carry them out.
Person entitled to arrange disposal of the body
No NSW statute sets a general order of priority. At common law the executor (or the person with the highest right to administration) is said to control disposal (Smith v Tamworth City Council); this is not verified from a primary source here. For cremation, the Public Health Regulation 2022 lets an executor or a nearest surviving relative apply. A medical referee must refuse a permit if cremation would go against the deceased's written direction.
Something missing or wrong for Australia — New South Wales?
Public Health Regulation 2022 (NSW) cl 104; Smith v Tamworth City Council (1997) 41 NSWLR 680
Personal representative / close relative controlling disposal of remains
At common law the executor, or the person entitled to administration, has the right to custody of the body for burial. The Cremations Act 2003 lets a close relative or personal representative apply for permission to cremate. It qualifies the common-law right in three ways. The personal representative must carry out signed cremation instructions. Otherwise an objection by a spouse, adult child, parent or personal representative blocks cremation. The crematorium must follow the applicant's reasonable written instructions for the ashes.
Something missing or wrong for Australia — Queensland?
Re Gray [2000] QSC 390; [2001] 2 Qd R 35 (Chesterman J); Cremations Act 2003 (Qld) s 6; Cremations Act 2003 (Qld) s 11
Person entitled to arrange disposal of remains (executor at common law; applicant for interment or cremation authorisation)
No Victorian statute says who controls disposal of a body. The Cemeteries and Crematoria Act 2003 lets 'a person who wishes' remains to be interred or cremated apply to the cemetery trust. The trust may require consent from the holder of the right of interment. At common law the executor, or where none the person with the best claim to administration, has the right to possession of the body for disposal.
Something missing or wrong for Australia — Victoria?
Re Gray [2000] QSC 390; [2001] 2 Qd R 35 (Chesterman J); Victorian Law Reform Commission, Funeral and Burial Instructions: Consultation Paper (2015), ch 3; Cemeteries and Crematoria Act 2003 (Vic) s 116; Cemeteries and Crematoria Act 2003 (Vic) s 131
Persona con derecho a decidir las exequias — Person entitled to decide the funeral
A fully capable person may direct the manner and circumstances of their funeral and burial in any form. If no wish was expressed or can be presumed, the decision falls to the spouse, then the cohabitant, and failing them the relatives.
Something missing or wrong for Argentina?
Código Civil y Comercial de la Nación (Ley 26.994), artículo 61; Código Civil y Comercial de la Nación (Ley 26.994), artículo 2277
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