Who has the legal right to make funeral decisions? 

Who has the legal right to make funeral decisions? That’s a two-part answer to this. One is the executor who’s appointed in the will, and the executor has that financial responsibility. Now, if there’s no will or the executor is not family and wants to pass that decision on to the family, then it comes under what’s called the Administration Act.

And in the Administration Act, there is a legal order of next of kin. It’s not always exactly as you think. In the old days, of course, we used to think the eldest child was always the matriarch or the person who had those decision-making roles.

But it’s not. The spouse is obviously the first next of kin, the partner if they’re over two years, or the legal spouse if they’re married. And if there is no spouse, then it is the children equally if they’re over 21.

So there is no eldest child or youngest child who has the rule. They have equal say in making those funeral decisions. And if there are no adult children, then it actually falls to the siblings of the person who’s died.

So it carries on after that, but that’s the basic legal order of next of kin. Now, obviously, there’s some emotional intelligence that needs to go with that. You want to work in with as many people as possible.

You want to work in with what the requirements of the law are, but also with what the person who has died has requested. And finding that balance is quite a key issue.
So if you want to know more about this, go to our website www.kapiticoastfuneralhome.co.nz / blogs.