Can I Include Funeral Instructions in My Will?

Your Last Will and Testament document allows you to maintain control over how your assets are distributed at a time when you are no longer around to give directions yourself. And so, you may assume that you can also use this document to order your desired funeral arrangements. With that being said, continue reading to learn whether a will is the best document to leave behind funeral instructions and how an experienced Butler County will preparation attorney at Heritage Elder Law & Estate Planning, LLC, can help ensure your preferences are made known.

Can I include funeral instructions in my will document?

Contrary to what you may initially assume, incorporating your funeral instructions in your Last Will and Testament document may not be the most effective strategy. This is because, primarily, your funeral processions will likely take place shortly after your unfortunate passing. In turn, your will document will probably enter the Pennsylvania probate process afterward. Meaning, there is no guarantee that your funeral instructions will even be looked at before that.

Secondly, you may assume that your appointed executor can figure out how to handle your body for your funeral the same way they manage your property and assets for estate administration. However, in the context of your estate planning, your body is not and cannot be considered part of your estate’s property. This is to say that your body cannot be put under your estate’s control, and your executor, therefore, has no loyalty to follow through on your set instructions for it.

What document should I use for my funeral instructions instead?

Rest assured, despite a Last Will and Testament document being arguably futile for your funeral plans, there is still a viable means of getting your wishes and instructions across. Namely, this may be accomplished with a final arrangement document. This is a separate document within your estate plan that can discuss all things concerning your funeral and even your burial. This may be from where you want your funeral processions to take place to the type of casket you wish your body to be placed in, among other things.

Importantly, you must understand that a final arrangement document is not legally binding. This is to say that the executor of your will and your other loved ones are not obligated to abide by these instructions. However, this document may give you the peace of mind that, at least, your explicit preferences have been written down in black and white. And also, with this document leaving the guesswork out of what you would have wanted, your loved ones may focus instead on feeling their emotions and mourning your loss.

If this blog has deeply resonated with your personal situation and concerns thus far, please reach out to one of the skilled Butler County estate planning & probate attorneys for more information. The team at Heritage Elder Law & Estate Planning, LLC, will be glad to represent you in your upcoming legal case.