Do executors have to follow your funeral wishes set out in your Will?

Background

French actor, Alain Delon, recently died on 18^th August 2024 and had wished for his 10-year-old Belgian Malinois called Loubo to be put to sleep in his arms so that they both could be laid to rest together in his grave in the cemetery of his home in Douchy, Loiret.

The late actor’s wishes have since been rejected by his three children, following disapproval from animal rights activists. French animal rights organisation, SPA, expressed how an animal’s life should not depend on the lifespan of a human and that they would be happy to rehome the dog. It has since been confirmed by Alain’s daughter, Anouchka that Loubo will not be put to sleep and that he will remain with the family.

Are Funeral Wishes in a Will Legally Binding?

Mr Delon’s estate is being administered under French Law.

An English will often include instructions to executors on a person’s funeral wishes. However, it is important to know that funeral wishes in a Will are not legally binding.

The executors appointed in a Will are the legal owners of a body and therefore can make decisions regarding the funeral arrangements.

However, there are ways to try to ensure that your funeral plans are followed. A common approach is to write a Letter of Wishes which can be stored alongside your Will. This can be drafted by either yourself or a solicitor and provides additional guidance to your executors regarding your funeral wishes.

Prepaid funeral plans are another option which can reduce the burden on the family as it will be organised and paid for in advance.

Summary

Despite making arrangements for how you would like things to happen once you die, this is not always followed, and Alain Delon’s death is a prime example of this.

It is beneficial to have conversations with your family regarding your funeral wishes and to make a letter of wishes to thoroughly explain why you have made these decisions. This does not mean that your wishes will definitely be followed, but it provides further clarity to your executors.

For more information on Contentious Wills or Probate, please call Edward Powell.

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