Should You Include Burial Plans in Your Will?

Many people assume that it is wise to include burial plans in your will. In some cases, individuals may assume that a will is used to distribute property and to make provisions about a funeral or burial plans.

Unfortunately, the funeral plans and burial plans in your will may not be legally enforceable. Your body isn't considered "property" for estate planning purposes, and only the "property" aspects of a will can be legally enforced. This means that any provisions that you make for your burial can be honored or rejected depending on the preferences of your family.

It isn't against the law to include burial plans in your will, but it may be futile. Normally, the estate and probate proceedings won't even take place until after the funeral. If your only funeral instructions are found in the will, then your loved ones may not be aware of your preferences until it is already too late. Instead, many estate planning attorneys suggest that you create a separate document with preferences for your burial or funeral and give this to trusted family members.

Estate planning attorneys say that the best way to convey your preferences is to talk with your loved ones so that they know what you want. You may want to alleviate the financial burden of a burial or funeral, but estate planning attorneys still say that you should avoid pre-pair funeral plans. This is because it is often impossible to get your money back in these situations.

You can also create a final arrangements document that will cover a wide range of issues. You can discuss your wishes for burial or cremation, the location of your burial, casket choice, the choice of a tombstone or cemetery marker and more. You can sign and date this document and may want to have witnesses present.

While it may seem saddening to think about your burial, making these plans and provisions can be a significant benefit to your family when they hope to honor your wishes in the future. Don't hesitate to contact a local estate planning firm today if you want more information!