Funeral and Burial Instructions
Project Status:
Start Date:
Tabled in Parliament Date:
Project
What will happen to your body when you die? Have you written funeral and burial instructions? Or have you been involved in a funeral dispute ?
This community law reform project, initiated in June 2015, came from a suggestion from a Victorian citizen whose family member was buried contrary to the deceased’s wishes, leading to dispute and rupture in the family.
In its inquiry, the Commission considered the extent to which a deceased person’s wishes about their funeral, burial or cremation should be legally binding. Currently, the law gives the executor or likely administrator of a deceased person’s estate the right to decide what happens to the deceased person’s body, regardless of their wishes. This is based on the old common law rule that ‘there can be no property in a dead body‘.
In November 2015, the Commission produced a Consultation Paper outlining the issues, suggesting options for reform, and asking for public submissions. We received 39 submissions and conducted 31 formal consultations. We also conducted an online survey to find whether current law aligned with community expectations.
On 15 December 2016, the Commission released its report (available with other publications for download below), which recommended giving greatest weight to the stated wishes of the deceased and suggested a mechanism to ensure those wishes are carried out.
To find out which of our recommendations have become law, visit the Implementation page.
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Funeral and Burial Instructions
Who will decide what will happen to your body when you die? Many people think their funeral and burial instructions are legally binding – but they are not. This video looks at what happens when someone’s instructions are ignored, what the law says and how it could be changed.
Project Stage
- Terms of reference received
- Submissions and consultations
- Submissions closed
- Final Report
- Tabled in parliament
Publications
14/12/2016
14/12/2016
14/12/2016
05/05/2016
09/11/2015
09/11/2015
19/11/2015