Are My Funeral Arrangements/Plans Included In My Will?

Let’s face it: talking about funeral plans isn’t exactly a party, but it’s a conversation we need to have. It’s a heavy subject, but getting things sorted now can be a huge gift to your loved ones later.

While making a new estate plan, many of my clients ask whether they can add their funeral plans or wishes into a will or a trust. While there is nothing stopping you from including this information, it is important to know that these instructions won’t necessarily be followed, and here’s why.

Your Personal Representative’s Fiduciary Duty

Think of your chosen personal representative as the “chief financial officer of your estate.” They have a legal (fiduciary) duty to make decisions that are in the best interest of the beneficiaries of your estate. Depending on your assets, expensive or elaborate funeral plans might just not be in the budget, and your representative is obligated to prioritize your beneficiaries over your burial wishes.

Funerals are for the Living – Not the Dead

Perhaps you’d prefer no service at all, or you just want to keep it super simple. This is where we need a quick reality check. Keep in mind that the funeral is the opportunity for your loved ones to gather, celebrate, and remember you. While you might think respecting your wishes should come before theirs, remember that they are the ones who will be missing you when you are gone. Give them the chance to say goodbye in a way that helps them heal.

What You Can Do

The good news is, there are much more reliable ways to ensure your final wishes are honored:

Prepaid Funeral Plans

Most funeral homes will happily sell you a funeral long before you need it. You can choose the simplest or most elaborate service and pay for it ahead of time. You can even arrange a nice dinner or party after the service—and the drinks are on you!

I actually just had a client spend upwards of $30,000 on making sure they had an amazing celebration for everyone. I want to be clear, I am Not saying you should do this.  But it’s important to know that you have the opportunity to set things up for your own funeral arrangements/party if you so wish.

Funeral Trust or Burial Policy

A funeral trust or burial insurance policy will ensure there is money specifically set aside to pay for your funeral. This prevents your loved ones from having to dip into their own wallets for these arrangements, and the policy is generally paid directly to the funeral home.

Donations or Other Arrangements

Some people would rather their remains be donated to science. You can make these arrangements during your lifetime as well. As a bonus, some programs will even pay for your cremation after your generous donation. Check out the Anatomical Gift Program at Brown University Warren Alpert Medical School.

Lack of Familial Ties

Occasionally, someone may have no close family members to arrange for burial or services. Local or state governments often have programs to provide basic cremation services. But if you want something more than the minimum, you absolutely must prepay for these arrangements to guarantee they happen.

Creating Your Own Burial or Funeral Plans Isn’t Easy To Do On Your Own

Speak with experienced estate planning attorney Jill Santiago for help creating a plan that suits your needs.  Having this conversation isn’t easy but that is why we are here.  Click the link below to schedule a free consultation.