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Intestate: Dying Without A Will and How it Impacts Funeral Arrangements

Tania Tack • Nov 24, 2020

I pre-paid my funeral. Do I still need an Executor?

If there isn’t a Will, who can make funeral arrangements?

  1. Spouse
  2. Adult Children
  3. Grandchildren
  4. Great-Grandchildren
  5. Parents
  6. Siblings
  7. Grandparents
  8. Other Relatives

Family members can work together when it comes to giving instructions, but if there is conflict, it is best to seek counsel from a professional.

What if I am legally married, but living with someone else?

Being legally married before death to a person of the same or opposite sex, makes the surviving spouse the leading authority on funeral arrangements. In the event of someone still being legally married but living in a conjugal relationship with another person may mean the deceased would be deemed as having more than one spouse. In that case, it could be advisable to seek court appointment or for one of the spouses to renounce their duty.

Does birth order determine priority?

The law does not recognize priority by age. Eligible, appointed adult children, grandchildren, great-grandchildren, or siblings all have equal rights to make funeral arrangements, respectively.

What if parents must make funeral arrangements for a child?

Each parent is equally responsible for making funeral arrangements. If the surviving parents are separated or divorced, but they hold joint custody, they still have equal authority over the child’s arrangements. If one parent held sole custody of the child, then the responsibility belongs to the sole custody parent. If the child is an adult and the divorced parents are in conflict, then legal counsel may be necessary to determine who has the authority to take on the responsibility of making funeral arrangements for the deceased.

I am alone. Do I still need a Will? 

It is advisable to prepare a Will and name an Executor if there is not a clear Next of Kin living in the province to look after your affairs. Arrangements can be stalled while awaiting the appointment of an administrator.

Being prepared is a thoughtful act. Learn how to prepare an affordable Will here.

IntestateInfo

Why Do Funeral Directors Ask About Pacemakers?

07 Oct, 2022
Funeral Directors routinely ask families during the arrangement process about pacemakers. Standard safety precautions are in place because of the explosive potential of pacemakers when heated. Pacemakers explode during the cremation process because of the rapid formation of gas which bursts the pacemaker’s casing. An explosion during the cremation process could cause serious damage to the crematorium chamber, as […] The post Why Do Funeral Directors Ask About Pacemakers? appeared first on Basic Funerals.

The Ritual of Spring Burials In Local Cemeteries

By Tania Tack • 29 Apr, 2022
When a death occurs in the winter months, it is quite common that the burial can’t take place until the spring. Our region has long, cold winters and this hinders a cemetery’s ability to conduct burials due to the frozen ground. It is not unusal for many families in our smaller communities thoughout Ontario to […] The post The Ritual of Spring Burials In Local Cemeteries appeared first on Basic Funerals.

Death and Taxes

By Tania Tack • 24 Mar, 2022
Tax rules are often complicated and never fun. In the case of pre-arrangements that is no different. When you pre-arrange your funeral there are some things to consider from a tax perspective that we hope to cover here. We will do our best, but unfortunately, we are not accountants and can’t give you personal advice […] The post Death and Taxes appeared first on Basic Funerals.

The Grave Woman

By Tania Tack • 10 Dec, 2020
The funeral industry is changing. Catapulting that change are women like The Grave Woman, Joél Simone Anthony. She is based in Atlanta, Georgia, but is making waves all over the United States with her alternative approach to funeral service. We had the pleasure of speaking with her and learning more about her work. Joél Simone Anthony […] The post The Grave Woman appeared first on Basic Funerals.

Prepare Your Estate: Your Executor Will Thank You

By Tania Tack • 10 Nov, 2020
Being appointed an Executor is often seen as an honour, but it can also be an extremely daunting task. The person selected to look after estate matters is often also likely to be the person grieving the most. In an effort to alleviate the stress associated with being an Executor or Administrator, we have compiled […] The post Prepare Your Estate: Your Executor Will Thank You appeared first on Basic Funerals.

Basic Funerals Awarded Best Rated Funeral Home

By Tania Tack • 31 Aug, 2020
Basic Funerals has been listed as one of the Top 3 Best-Rated Funeral Homes. We are so grateful for the opportunity to serve such welcoming communities. We would not be considered ‘best-rated’ without you! Recognition for Excellence Our team was recognized for providing consistent high quality services in our area of business. We were reviewed by […] The post Basic Funerals Awarded Best Rated Funeral Home appeared first on Basic Funerals.

6 Ways Funerals (Can Still) Help Mourners Grieve

By Tania Tack • 09 Jul, 2020
By guest blogger, Carrie Fawcett: Celebrant Ceremonies like funerals and memorials are intended to both honour the life of a loved one and meet the needs of those left behind. If current public health limits have you question if it is still possible to have a “good” funeral, I encourage you to see those limits […] The post 6 Ways Funerals (Can Still) Help Mourners Grieve appeared first on Basic Funerals.

Repatriation: How Covid-19 is Keeping Us From Home

By Tania Tack • 12 Jun, 2020
Repatriation: How Covid-19 is Keeping Us From Home The long-lasting Covid-19 pandemic still has an impact on how the death industry is able to conduct services. Funeral and memorial services are still limited to small groups of 10 attendees and burials are to happen as soon as possible. Many funeral providers have also implemented new […] The post Repatriation: How Covid-19 is Keeping Us From Home appeared first on Basic Funerals.

The Healing Benefits of Meditation: Introducing Headspace.com

By Tania Tack • 25 May, 2020
Basic Funerals and Headspace Promotion Basic Funerals has always worked hard to go beyond the funeral. We care about the families we serve. We understand that these difficult times make it even harder to grieve the death of a loved one. For this reason, we have coordinated an offer with Headspace.com to provide our families […] The post The Healing Benefits of Meditation: Introducing Headspace.com appeared first on Basic Funerals.

Commemorating Our Loved Ones When We Are Apart

By Tania Tack • 11 Apr, 2020
During this time of isolation, everything has been impacted: from the approach to groceries, children’s schooling, and travel. Governments are introducing new programs while communities are learning to adjust. At times like this, we hope that people are expressing gratitude to those that assist us with our health care, our food, and all other essential […] The post Commemorating Our Loved Ones When We Are Apart appeared first on Basic Funerals.
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