Who Has The Say

There are times when it is confusing on who has the say when it comes time to decide on funeral details. We have listed below the people who the courts will determine are legally able to make decisions above the other. This information has been taken from the Successions Act 1981. There are always circumstances that affect this list so check with your Solicitor if you anticipate a problem on this issue.

  1. The Nominated Executor
  2. The Next of Kin
    1. Spouse (including a de facto partner)
    2. Children of Deceased.

And then a variety of relatives of deceased

  1. grandchildren or great grandchildren
  2. brothers and sisters
  3. parents
  4. grandparents
  5. children of brothers and sisters
  6. uncles and aunts
  7. first cousins
  8. anyone else the court may appoint.

This is meant to be a guide only and in no way represents legal advice. It is best to have this considered in advance to save any extra strain at the time.