It would seem that the answer to such questions should be simple – the most important thing is to respect the will of the deceased. But what happens if the person did not write down their wishes? Does a partner who lived together for 20 years but was not married have the same rights as the deceased’s children? And can one relative stop a cremation that has already been planned at the last minute?
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These and similar questions were answered for the portal 15min by lawyer and mediator Eglė Šiugždinytė.
– If a person has not expressed their will regarding the funeral before death, who has the legal right to decide how they will be buried?
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– First of all, it is important to distinguish who organizes the funeral in general and who decides specifically about cremation, because the law sets not exactly the same rules for these issues.
Every capable or partially capable person has the right, while alive, to express their will regarding the burial of their remains and to appoint the person who will conduct the burial. Such a will can be expressed in a will made in accordance with the Civil Code or in a written statement of will certified by a notary or another person authorized by law.
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