Who Is Responsible for Funeral and Burial Decisions When There Is a Will – RMS Estates Law

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Who Is Responsible for Funeral and Burial Decisions When There Is a Will

Raluca M. Soica
October 20, 2025

When a person passes away leaving a valid will, the executor named in that will becomes legally responsible for the deceased person’s body. The executor must ensure that the body is handled with dignity and that all funeral, burial, or cremation arrangements are carried out appropriately.

The executor’s authority begins immediately upon death and does not depend on receiving probate. Although probate is the process that formally confirms the executor’s authority through a Certificate of Appointment, the law recognizes that funeral arrangements cannot be delayed. The named executor therefore has the legal right to take control of the body and make necessary decisions without waiting for the probate process to be completed. Funeral homes usually accept instructions from the executor once they are shown a copy of the will naming that person.

Ontario law does not recognize ownership rights in a human body. Instead, it places a duty on the executor to ensure that the remains are handled respectfully and in a manner consistent with the deceased person’s cultural or religious background, as long as this does not conflict with public health or community standards of decency. Although a will may express personal wishes about burial or cremation, those wishes are not legally binding. The executor has the discretion to decide what is most suitable, provided the decision is made in good faith and the body is treated with respect.

In summary, the executor named in a will has immediate authority to make funeral and burial arrangements and does not need to wait for probate to be granted. While family members may provide input, the executor retains the final decision-making power.

If you have been named as an executor and need assistance with funeral decisions or estate administration, contact RMS Estates Law for clear and professional guidance.

PLEASE NOTE: The content of this blog is provided for informational purposes only and does not constitute legal advice. Reading this material does not create a solicitor-client relationship. This information has been prepared in accordance with the laws currently applicable in Ontario and may not reflect future legal developments.

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