Who Is Responsible for Funeral Arrangements in British Columbia?

After a death, someone has to decide quickly about burial or cremation and the service. Families are often unsure whether that person is the executor, the spouse or an adult child, and disagreements can add stress at a hard time.

This article explains the order of priority in British Columbia, what happens when the first person cannot or will not act, how written wishes fit in, and how disputes are resolved. It also touches on who ends up paying.

This article covers the law of British Columbia.

Who has the legal right to decide

The Cremation, Interment and Funeral Services Act gives the right to control the disposition of human remains or cremated remains to a list of people in a set order of priority. In order, that list is:

• The personal representative named in the will
• The spouse
• An adult child
• An adult grandchild
• A guardian, if the deceased was a minor
• A parent
• An adult sibling
• An adult nephew or niece
• An adult next of kin under the Wills, Estates and Succession Act
• The minister under the Employment and Assistance Act or the Public Guardian and Trustee
• An adult with a personal or kinship relationship

The Province says only the person named in the will, or someone authorized under the Act, can let a funeral director move the body.

When the person at the top cannot or will not act

If the person with the right is unavailable or unwilling, the right to give instructions passes to the next person in priority.

Several people can also share the same rank, such as several adult children. In that case priority is set by their agreement, and if they do not agree it begins with the eldest and goes down in order of age.

Funeral operators and providers are protected from liability for acting on an authorization, unless they knew or ought to have known it was false or that the signer lacked authority. That is why a funeral home will usually want to know who is signing and on what basis.

What if the deceased left written wishes

A written preference about disposition in a will or preneed contract binds the person with control, as long as it is consistent with the Human Tissue Gift Act and is not unreasonable, impracticable or a cause of hardship.

Wishes that are only spoken, or a note kept elsewhere, are a different matter. They may carry weight with the family, but whether they are binding depends on the facts, so a lawyer can confirm.

Disputes between family members

A person claiming sole control may apply to the Supreme Court. The court considers the feelings of those connected to the deceased, with particular regard to the spouse, religious practices, the deceased's reasonable directions, and family hostility or a capricious change of mind. The person the court names is treated as being at the top of the order of priority.

Because funerals happen quickly, it is usually worth trying to settle disagreements through conversation first, and getting legal advice early if talks break down.

Who pays, and what to do next

The right to decide is not the same as liability for the bill. The Act does not itself say who owes the funeral home, so the contract you sign is what matters. Read it before signing.

If the estate is insolvent, reasonable funeral and other expenses incurred by the personal representative are the first priority for payment, ahead of the representative's compensation, legal expenses, wages and other claims. That order applies only to insolvent estates. In an intestacy, funeral and administration expenses are deducted when calculating the net value of the estate. The court can also award reasonable funeral expenses in a proceeding by the personal representative.

If neither the estate nor the responsible person can pay the full cost, the Burial or Cremation Supplement may help, and it is not limited to income assistance recipients. Ministry preapproval is required before services are provided, and payment goes directly to the funeral provider.

• Find out whether there is a will and who is named as personal representative
• Check the will or any preneed contract for written wishes
• Talk to others of equal rank and try to agree before signing anything
• Ask for the funeral contract in writing and read who is signing
• Get legal advice promptly if there is a dispute

Frequently asked questions