Ontario Executors Require Answers to Questions: Who pays for the funeral if you are the executor?


Who pays for the funeral if you are the executor?

Executors must be reasonable when arranging a funeral. Funeral directions in wills are not legally binding on executors.

The funeral is an estate expense shared by residual beneficiaries. They can object if the costs are extravagant. You can be personally responsible for these expenses if they are deemed to be unreasonable.

Confirm what arrangements have been made by the deceased. This may already include a prepayment plan.

You should be able to access the deceased’s own funds for funeral expenses. Your lawyer or the funeral director can explain this process.

Provide the deceased’s financial institution with a copy of the funeral invoice and a funeral director’s certificate. These two documents usually suffice. Normally, a cheque will be made payable to the funeral home.

Who pays for the funeral if no will is found?

Beware!

As executor, you may be asked to personally guarantee payment for the funeral. Remember, you are not the executor if there is no will. Get legal advice before you commit to paying for a funeral on your credit card. You may wait a long time to be reimbursed. If the will is contested, you won’t know when you will be reimbursed.

How do you know if your are the executor of an estate? Find out in my previous post.

About Edward Olkovich

I am a Toronto estate lawyer and Certified Specialist in Estates and Trusts Law. I edit Carswell’s legal guide Compensation and Duties of Estate Trustees, Guardians and Attorneys. I have handled estate disputes and probate problems since 1978. © 2015