Funeral and Burial Instructions: Consultation Paper

In this inquiry, the VLRC 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.

• Preface
• Call for submissions
• Terms of reference
• Glossary
• 1. Introduction
• 2. Lawful methods of disposal
• 3. Funeral and burial instructions in the common law
• 4. Funeral and burial instructions in legislation
• 5. Reasons for reform
• 6. Case studies
• 7. Options for reform
• 8. Resolving disputes
• 9. Conclusion
• Appendix A: Australian cases involving funeral and burial disputes
• Appendix B: Alaskan disposition document
• Questions