We have all heard the term “Ashes to Ashes, Dust to Dust…..” generally when dealing with the disposal of our human remains….our body…….so what are the “rules” dealing with disposal of our body on our death. This may seem a little morbid however when considering our death it is not a matter of “if”, it is a matter of “when”.
In Queensland, the method of disposal of a dead body is lawful unless it is prohibited. The laws in this area are largely created by Local Governments apart from the Cremations Act 2003 which provides for laws regarding cremation of our body. The methods of disposal of a dead body which are most common are:
· Cremation (this is by far the most common nowadays);
· Burial (in a cemetery, at sea or in area outside a cemetery); and
· Placement in an above ground mausoleum or vault.
There is no “property” in the body of a deceased human being, this means that our body is not “owned” by anyone and is not part of our Estate when we die.
When making your Will it is possible to include directions about disposal of your body. This can be quite simple, for example “my body is to be cremated”, however some people provide very specific directions and wishes about funeral arrangements and final disposal of their body.
In practice, disputes rarely arise in relation to funeral arrangements however, when they do, the critical rule is that the Executor appointed by you in your Will has a duty to dispose of your body and therefore the right to possession of it for the purpose of final disposal. In other words, the decision of the Executor is paramount. In Queensland, the Cremations Act changes this to some extent however the overriding principle is that you should appoint an Executor you trust to carry your wishes into effect in the event of tension or dispute.
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