Your remains and the law

Very often a will contains a statement of what the testator would like to happen to his mortal remains. They might say that they wish to be buried, cremated, or even sometimes buried at sea or to have their ashes scattered at a favourite place. They often think that such a wish is going to be binding on those dealing with their funeral and administering their affairs but this is not the case. The law as it stands does not make what is in effect only a statement of wishes legally binding.

Legally it is for your executor to decide on the arrangements for dealing with your remains. It is the executor you appointed in your will who will decide your final resting place and not family and friends and not even you with the wishes expressed in your will. The executor has the right to override all other wishes.

It is therefore most important that you appoint an executor who you trust to carry out your final wish-especially if it is strongly held. Equally important is making sure that everybody is aware of and agrees with your wishes. What can be most upsetting for friends and family left behind is arguments and bad feeling from disputes over your final resting place.

Sometimes people will not make a will and there will therefore not be executors with the responsibility to decide what is to happen to your remains. The person on whose property you die is legally responsible and can make the decision for disposal of your remains. Very often this will be a hospital of care home. The relevant authority will almost certainly allow your family to make all the arrangements for your funeral and problems will only arise if there is a dispute.

A dispute is only likely to arise if there are arguments within your family or some question over the validity of your will and therefore whether you have a valid executor responsible for making the decision. If there is a dispute which cannot be resolved it can be referred to the court for a judge to decide. In a recent case the judge held that the local authority were entitled to to decide how the body should be disposed of.

This situation however can be easily avoided by making a valid will in which you appoint executors who you trust to carry out your wishes. You should also discuss these wishes with your family and make sure that they are happy and agree with what you want to happen to you.

In the UK, the law treats couples who live together in a very different way to those who are married. The financial protection provided by the law during the cohabitation and if the relationship breaks down is very different and for cohabitees almost non-existent. Whereas in divorce proceedings a court can and often will redistribute the family assets and order one party to pay maintenance to the other, there is no such provision for cohabitees however long they have lived together.

What the law will do however is enforce arrangements and agreements that have been made by the parties. It is therefore for them to agree and set out-preferably in a formal cohabitation agreement-what is to happen should certain eventualities occur.

In addition they should both make Wills. Should one of the partners die without making a will, the surviving partner has no legal right to the other partner’s property. Always get things down in writing both to protect yourself in any eventuality and to avoid future arguments and disputes. If you have bought a property together be clear who owns the property and in what shares. Discuss and agree who will contribute to the purchase and how the sale proceeds will be divided up on sale. Therefore if one of you has paid the deposit it may well be agreed that this amount will be paid back when the property is sold before dividing up the balance.

No matter what division is agreed, make sure that the ownership shares agreed are recorded properly when you purchase the property. When nothing is recorded the law will presume that joint owners own a property equally although one may have made a greater contribution which they would want back should the relationship breakdown and the property have to be sold.

Decide how the property is to be held-either as tenants in common or joint tenants. If nothing is said, then you will own the property as joint tenants, which means that it’s owned in equal shares and if one of you dies, the share of the deceased will pass automatically to the surviving partner – not to the deceased’s family or anyone else they may choose to nominate in their will.

You may well need to draft a trust deed to reflect the agreement reached as to what is to happen with the property if you separate. This will make things absolutely clear and cut out arguments (and legal bills) if things do not go as you intend.

As soon as you can, agree on the payment of living expenses. Decide who is going to pay for food and general household expenses and who will pay the mortgage, council tax, and other bills which relate to the house. If you’re going to have joint bank accounts and credit cards consider how they will operate. Agree the amounts you will both pay in and what can be paid from the account. Nothing can start an argument like one person accusing the other of overspending on a joint bank account. Agree who will own any large items purchased.

If you or your partner have children from another relationship agree where you stand in caring for and disciplining these children. Arguments are more than likely. Fathers with children born before December 2003 may need to enter into a parental responsibility agreement with the mother unless they are shown on the birth certificate. Stepparent’s parental responsibility agreement can make clear your position concerning your stepchildren if you are a step-parent. In the event of your partner dying you will then be able to carry on the care of the children.

Finally prepare for what will happen if one of you falls ill. Consider the need to make a power of attorney to give your partner control of your financial and business affairs. And on a sombre note think about making a Living Will or Advance Medical Directive. Your partner will then be able to take care of your wishes. Otherwise relatives, possibly distant, would otherwise have to be consulted.

Usually, family law is the area of specialization for a divorce lawyer. Because these counselors focus mainly on family matters, they’re a great choice to obtain advice about your divorce. It’s advisable for each spouse to employ their own counsel, simply because it ensures that everybody is fairly represented.

The yellow pages offer a string of attorneys specializing in family law. Keep in mind, nevertheless, that word of mouth is the most advisable way to find the best counsel. An additional way to search for counsel is by utilizing the World Wide Web. There are plenty of websites that can point you to a great lawyer in your area. If you are looking for an accredited attorney employed by the government, turn to your state’s bar association.

If you are looking for facts about divorce procedures, you are able to find it on the web. For those hoping for a inexpensive divorce, this option can be a helpful resource. If both parties agree, and there are no kids or main assets involved, a inexpensive dissolution of the marriage is possible. You can ensure an easy settlement process, and save money on legal fees, provided you’re conscious of the rules and regulations governing your divorce in your state. It doesn’t take much time or effort to find these laws online. If you’re looking to keep costs low, there are also on the internet attorneys at your disposal. It’s totally about the up and up, and requires minimum paperwork!

I need to point out, however, that the choice of an inexpensive online divorce is only accessible to those couples that are prepared to work all problems out between themselves, and will be totally amenable. In general, a no-fault divorce is the cheapest. No-fault divorces occur when neither party contests the divorce or its details.

Some referral websites can offer ways to find cheap legal services. Free forms, as well as affordable legal advice, are just some of the offerings on such sites. You will be unable to use this option, on the other hand, if your marriage dissolution entails custody, property, or other settlements. Be aware of this simply because, once final, your divorce decree cannot be ammended.

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