Who decides the funeral, and who pays for it, in BC?

By Sundeep S. Grewal, lawyer at Lawgical Law Corporation · Reviewed November 11, 2026

Published November 12, 2026

Sundeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2018, and a member of the Law Society of British Columbia.

Updated November 11, 2026: the Cremation, Interment and Funeral Services Act (ss. 5, 6, 8) and the court decisions cited below checked that day.

Funeral decisions are often the first disagreement after a death, and they have to be made quickly. In BC, the Cremation, Interment and Funeral Services Act decides who controls the disposition of remains, meaning burial, cremation and what happens to ashes. First priority goes to the executor named in the will, then the spouse, then an adult child, then an adult grandchild, and further down the family. If the person with priority is unavailable or unwilling, the right passes to the next. The deceased’s own written wishes, in a will or a pre-arranged funeral or cemetery plan, must be followed unless that would be unreasonable, impracticable or cause hardship. On cost: the person who instructs the funeral home is personally liable for the bill, but is entitled to be repaid from the estate, ahead of other debts, for a reasonable funeral suited to the deceased’s circumstances and the size of the estate.

Lawgical Law Corporation, a probate and estate litigation law firm with offices in Surrey, Abbotsford and Vancouver, BC, advises executors and families on funeral decisions and costs; this guide is by Sundeep S. Grewal.

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The order of priority (s. 5)

1. The personal representative named in the will.
2. The spouse.
3. An adult child.
4. An adult grandchild.
5. If the deceased was a minor, a guardian who had care and control.
6. A parent.
7. An adult sibling.
8. An adult nephew or niece.
9. An adult next of kin.
10. The government minister or the Public Guardian and Trustee, in some cases.
11. An adult with a personal or kinship relationship to the deceased.

Where several people share the same rank (for example, three adult children), they follow any agreement among them; if they can’t agree, the right goes to the eldest first (s. 5(3)). Funeral services need written authorization from the person with the right to control disposition (s. 8).

When the family disagrees

A person claiming the sole right to control disposition can apply to the Supreme Court. The court considers the rights of everyone concerned, the feelings of those close to the deceased (with particular regard to the spouse), religious practices, the deceased’s reasonable directions, and whether there is family hostility or a capricious change of mind (s. 5(4) and (5)). An example is Kartsonas v. Stamoulos, 2010 BCCA 336. The Act’s priority list covers disposition of the remains, not every aspect of the funeral arrangements (Wiebe v. Bronstein, 2013 BCSC 1041).

Who pays

The person who instructs the funeral director is personally liable for the expenses, but is entitled to indemnity from the estate as a first priority for the reasonable expenses of a funeral suitable to the deceased’s position and circumstances and the value of the estate (Schara Tzedeck v. Royal Trust Co., 1952 CanLII 199 (SCC)). Reasonable funeral expenses come first even in an insolvent estate (see debts after death). Many banks will pay the funeral home directly from the deceased’s account: see estate bank accounts.

If family members want a more expensive ceremony than the estate can reasonably bear, the executor can ask the residuary beneficiaries to approve it, or ask those family members for an indemnity.

Mistakes I have seen

• A relative signing a funeral contract for a much larger estate’s worth of services, then finding the executor won’t repay all of it.
• Ignoring a pre-paid funeral plan the deceased had bought.
• Siblings of equal rank fighting instead of recording an agreement.

Frequently asked questions

Does the executor or the spouse decide the funeral?

The executor named in the will comes first under s. 5. If the executor is unavailable or unwilling, the spouse is next.

Do I have to follow the funeral wishes in the will?

Written wishes in a will or pre-arranged plan are binding on the person who controls disposition, unless following them would be unreasonable, impracticable or cause hardship (s. 6).

Will I be repaid if I paid for the funeral?

For reasonable funeral expenses, yes, from the estate as a first priority. Keep the invoices.

What should I do right now?

Check the will and any pre-paid plan for wishes, confirm who has priority, and keep every funeral invoice.

Book a consultation with our estate lawyers in Surrey, Abbotsford or Vancouver. See also an executor’s first 30 days.

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Sources

• Cremation, Interment and Funeral Services Act, S.B.C. 2004, c. 35 (ss. 5, 6, 8), BC Laws
• Kartsonas v. Stamoulos, 2010 BCCA 336; Wiebe v. Bronstein, 2013 BCSC 1041; Schara Tzedeck v. Royal Trust Co., 1952 CanLII 199 (SCC), as discussed in CLE BC, Probate and Estate Administration Practice Manual, §§1.21, 11.36

This article is general information about BC law, not legal advice for your situation.