Will and funeral: Your rights

Questioner

Mother passed away last Saturday. She drew up a will on October 28, 2001. Now it has been learned that she will be cremated next Friday. Her will states that she wants to be buried with her deceased husband and that she was informed of her death in the newspaper. Mother's will is not being followed up at all by her daughter. Question: can a will be ignored?

Lawyer

First of all, my condolences for your loss. Does this concern a testamentary declaration drawn up by a notary or deposited with a notary?

Questioner

No, it is a will that was completed and signed by mother and is or was attached to her Dela funeral policy. Possibly destroyed by sister, but I had a copy. I deposited this copy in her mailbox on Saturday afternoon. Also sent her a text message and indicated that according to her will, mother should be buried. Mass in church and obituary in the newspaper and buried with her husband who died 36 years ago. All this is ignored, because my sister has already spent mother's savings. Now as cheaply as possible. Mother has even paid burial rights every 10 years with the idea that she would be buried with her husband. Even text on the gravestone regarding mother. Only the date of death still needs to be added.

Lawyer

Your mother has therefore indicated in a codicil how she wants her funeral to be arranged. This document is legally valid and must therefore be respected, also by your sister. There is a wide spectrum of possible ways in which you can ensure that the codicil is respected. This ranges from talking to your sister to having a judge decide in summary proceedings that your mother may not be cremated. If I were you, I would contact the funeral company directly and report what is going on. They may be able to help you.