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Debra
Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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My Mother-In-Law would like to change where she is going to

Customer Question

My Mother-In-Law would like to change where she is going to be buried. Her and her current husband of 57 years have already made all the arrangements however she has recently decided she would like to be buried with her parents. We have yet to see if the burial with her parents are an option, but are wondering the implications to making the change to her burial plans. The concern is not to attempt to retrieve any of the original expenses, as she realizes that they have already been applied to the original plan. The questions are 1. will she need to inform her husband of the request to change. 2. if she does not inform him and she passes on first, will HE have the ability to enforce the original burial plans if she has legal documents saying different. 3. if he is able to enforce the original burial plans, what would need to be done to proceed with her wishes. Note: there is no separation in this marriage and they reside in the same house in Winnipeg, Manitoba Regards, ***** *****
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

It is entirely up to her to decide where to be buried.

To be clear she can set out her wishes in her Will. The executor of her Will must comply with her wishes.

She can also have the lawyer who does the Will either help her do a letter explaining what she has decided or the lawyer can keep some notes in her/his file.

The husband has no right to decide where she is buried.

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