The Final Disposition: Why It’s Important to Include Your Burial and Cremation Wishes in Your Estate Plan
When most people think of estate planning, their minds immediately go to wills, trusts, and dividing up assets. These are critical parts of the estate planning process, but one of the most overlooked—yet deeply personal—aspects of estate planning is outlining your wishes for burial, cremation, or other funerary arrangements. This part of your plan may not affect your financial legacy, but it can have a profound emotional impact on your loved ones.
Why It Matters
At the time of a person’s passing, families are often left scrambling to make arrangements during an already difficult and emotional time. Without clear guidance or financial assistance, this can lead to confusion, disagreements, debt, and even legal disputes between family members. Laying out your final wishes in your estate plan helps ease this burden and ensures your personal preferences are honored.
Legal Considerations
In many states, a designated individual—often your executor or a next of kin—has the legal authority to make decisions regarding your remains. However, that person is generally expected to follow your documented wishes, if they exist. If you haven’t put your preferences in writing, the law may defer to someone who might not know or respect your intentions.
To make your wishes legally enforceable, consider the following:
Include Specific Instructions: Clearly state whether you want to be buried, cremated, or undergo another form of final disposition (e.g., green burial, donation to science).
Reference Any Burial Plots or Arrangements: If you’ve purchased a burial plot, niche, or made prepaid arrangements, include this information in your estate documents.
Designate an Agent: Some states allow you to appoint a person specifically to make funeral and disposition decisions.
Coordinate with Your Executor: Make sure your executor knows your wishes and where to find the documentation quickly after your death.
Where to Document Your Wishes
It’s possible to include burial and cremation instructions in your will or Advance Medical Directive, but keep in mind that a will is often not read until days or even weeks after a death. To avoid delays, we recommend the preparation of a Final Disposition. The Final Disposition details your wishes regarding burial, cremation, and funerary directives. It also gives a space to detail what your service or ceremony should include, and will ensure your religious or spiritual wishes are honored even when you have passed.
Avoiding Disputes
Unfortunately, family members sometimes disagree about what the deceased “would have wanted.” A clear, written record of your wishes can prevent unnecessary arguments and ensure that decisions are made in line with your values and beliefs. It can also prevent the financial strain of guessing at or over-spending on services you may not have wanted.
If you’re ready to add these important instructions to your estate plan or aren’t sure where to start, give us a call or shoot us an email to schedule a free consultation. It’s a conversation worth having—and one your loved ones will be grateful for. 703.771.9740 or law@wakefieldpllc.com.