Many people neglect to express their last wishes to their loved ones. As a result, a only child, following his mother's death, asks the court to authorize the exhumation of his father's body, who died 30 years ago, so that he can be buried in the family plot with his mother. According to his will, the father entrusted his wife with choosing the method of disposition of his body after his death. Similarly, his mother appointed her son, as the universal heir, with the same duty.
Many people neglect to express their final wishes to their loved ones.
Thus, an only son, following the death of his mother, asks the court to authorize the exhumation of his father's body, who passed away 30 years ago, so that he can be buried in the family plot with his mother. According to his will, the father entrusted his wife with choosing the method of disposition of his body after his death. Just like his mother, who appointed her son, as the sole heir, with the same duty.
After his request was rejected, the son brings his case before the Court of Appeal*. Nevertheless, the court considers that the absence of the deceased's expressed final wishes, combined with the reason of reuniting the spouses expressed by their only child and sole heir, allows the appeal, even if a sense of permanence must surround the burial.
Let us recall that the Québec Civil Code states that a person can "arrange for their funeral and the method of disposition of their body before their death". In the absence of directives from the deceased person, the heirs or successors have an interest and even an obligation to act, with the expenses being borne by the estate.
Are you among the 58% of people living in Québec who do not have a will? Are you among those who have one but neglect to disclose their final wishes to their heirs? If so, these heirs will not be able to access your will without completing certain formalities and perhaps your ashes will end up in oblivion or ...
*CA 500-09-026486-167
