Tuesday, May 25, 2010

Free will, sound mind, wills integrity not flawed why the next of kin given sole responsibility for disposal?

I have discovered that if I make a valid will of sound mind, free will and demand my body be buried (or conversely cremented) that irrespective what I demand in my will of the means for disposal (buried/cremented), my next of kin as been given the fundamental right to deside the means of disposal (buried/cremented).
I, who makes the will (and all other people in the uk), have not been given that right! And yet, the contents applicable to the material/financial aspects of my/your will, the next of kin, as no right whatsoever to alter the (my/your) stipulations in that respect.
In other words I can make a will of which the integrity is not open to a successful legal challange and demand that I be cremented and my next of kin can for whatever her reason, can ignore my demand for cremention and have me buried and that's legal for her to do so!
Why as a next of kin been given that fundamental right and we who make a will are denied/had removed that right?
This is outrageous!!
Answers:
I agree.I cannot understand how a family can contest the will of the deceased, because the deceased cannot defend itself!
In any trial, the defendant has the right to defend him, (her) self.
That's correct.
Because once you die, your body is no longer yours. Once you die, you no longer have any legal rights.
You might be able to make the argument that your body becomes the property of your estate, and thus subject to the control of the executor of your estate -- but that runs up against a lot of legal history to the contrary.

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