The Victorian Law Reform Commission has examined the legal status of funeral and burial instructions of a deceased person. The Commission’s report – and video – explain what is important, what the law says (in each state and other jurisdictions) and what changes might improve matters. This is of extreme importance in the case of the indigenous peoples, who have a need for burial “on country”.
Funeral and Burial Instructions
What will happen to your body when you die? Have you written instructions for your funeral and burial? Or have you been involved in a family dispute about the funeral of a loved one?
The Commission has completed an inquiry into funeral and burial instructions in accordance with section 5(1)(b) of the Victorian Law Reform Commission Act 2000 (Vic), which empowers the Commission to initiate inquiries into legal issues of general community concern, provided they are limited in size and scope.
The report was released on 15 December 2016. Download it from the link below.
Watch the video on the issue of funeral and burial instructions which explains why funeral and burial instructions are important, what the law says and how the law could change. (5 min 15 sec).
Currently the law gives the executor or likely administrator of a deceased person’s estate the right to decide what happens to a deceased person’s body, regardless of the deceased person’s wishes. The Commission is considering the extent to which a deceased person’s wishes about their funeral, burial or cremation should be legally binding.
The law emerged in 19th-century England. At that time, cremation was widely thought to be illegal and the law presumed that everyone wished to have a Christian burial. This environment no longer exists in either the UK, nor Australia. Australia is a multicultural, multi-faith country which has conducted immigration programs since before World War II. There are different burial requirements for different religions and for the deceased of no faith.
The Commission is concerned that the law may no longer accord with community values. Today’s Victorians, with their diverse cultural practices, complex family arrangements and support for individual choice, may want greater recognition of their wishes concerning their funeral, burial or cremation.
Follow the links below to download the report and other documents relating to the funeral and burial instructions project.
Funeral and Burial Instructions: Report (pdf)
This report concludes a community law reform project considering whether Victorians should be permitted to leave funeral and burial instructions that…
Read more here
Funeral and Burial Instructions: Report (html)
This report concludes a community law reform project considering whether Victorians should be permitted to leave funeral and burial instructions that…
Read more here
