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How to word in my will that I don't want estranged parent at my funeral?

244 replies

sarah010179 · 01/12/2024 09:29

with the new year approaching, I'm getting my financial affairs and paperwork in order. One of the things will be to write a will.
I have an outline of my wishes and one of the most important things to me is that an estranged (very toxic) parents does not attend my funeral or graveside. How do I word this in a professional but clear sounding way? Unfortunately, I have no faith that my other parent would respect this wish (they have form for going against my wishes on serious matters), so I want it written in some kind of official, unambiguous way that the estranged parent doesn't attend and gets asked to leave/removed if they show up. Ideas?

OP posts:
Dotto · 01/12/2024 13:00

StandingSideBySide · 01/12/2024 12:58

We ve executed six wills
Two of those wills were read out after the funeral by solicitors
One was in Guernsey ( so possibly different rules)
and one was in England

The one in England was quite contentious which could be why it was read after the funeral.
We, as executors, along with one other relative also an executor went to the solicitors office the afternoon of the funeral for the reading. We were not permitted to see it before as the solicitor was also an executor and that was the deceased decision ( again possibly because of its contentious nature so the deceased choice.)
We then went back to read it to all the other relatives who were shocked by its contents.
The funeral was paid for by the solicitor out of the deceased estate. With some payments made after the will was executed.

So it does happen just like we often see on TV

Edited

Obviously you were happy for this to happen, but as executor I wouldn't have been. Was the solicitor a co-executor? I would have obtained the will immediately without all that faff and nonsense.

IHaveNeverLivedintheCastle · 01/12/2024 13:01

Alondra · 01/12/2024 12:53

The executors need to get the will sanctioned by the High Court which requires a probate process. It's not immediate.

OP, your will can only reflect how you want your estate to be distributed. You can't prevent your parents from attending your funeral. No one can.

The executors have every right to see, and will see the will, immediately after death.

The executors cannot distribute assets until Probate ( in Scotland, Confirmation) is granted.

MothToAnInferno · 01/12/2024 13:02

OriginalUsername2 · 01/12/2024 11:55

Just let all your loved ones mourn you rather than having to stress over who is unofficial bouncer at your funeral.

There’s always direct cremation. Not being an arse, we used it and had a private wake at home for people MIL actually liked.

This. Funerals are for the living, you will already be dead. Don't put further stress and upset on the people you care about/who care about you by expecting them to police who can and can't be present.

Kitkat1523 · 01/12/2024 13:02

StandingSideBySide · 01/12/2024 12:58

We ve executed six wills
Two of those wills were read out after the funeral by solicitors
One was in Guernsey ( so possibly different rules)
and one was in England

The one in England was quite contentious which could be why it was read after the funeral.
We, as executors, along with one other relative also an executor went to the solicitors office the afternoon of the funeral for the reading. We were not permitted to see it before as the solicitor was also an executor and that was the deceased decision ( again possibly because of its contentious nature so the deceased choice.)
We then went back to read it to all the other relatives who were shocked by its contents.
The funeral was paid for by the solicitor out of the deceased estate. With some payments made after the will was executed.

So it does happen just like we often see on TV

Edited

A solicitor came to the funeral?

StandingSideBySide · 01/12/2024 13:03

Dotto · 01/12/2024 13:00

Obviously you were happy for this to happen, but as executor I wouldn't have been. Was the solicitor a co-executor? I would have obtained the will immediately without all that faff and nonsense.

Yes the solicitor was also an executor I just updated my post as I forgot to mention that. Although in the will it said we could choose to use her or not after the reading.

StandingSideBySide · 01/12/2024 13:03

Kitkat1523 · 01/12/2024 13:02

A solicitor came to the funeral?

No.
We had to go to their offices for the reading after the funeral.

Dotto · 01/12/2024 13:05

StandingSideBySide · 01/12/2024 13:03

Yes the solicitor was also an executor I just updated my post as I forgot to mention that. Although in the will it said we could choose to use her or not after the reading.

Jesus. I've heard nothing but ridiculous expensive stories when people do this... I don't think it should be allowed, particularly when that solicitor has had a hand in putting the will together in the first place!

Soontobe60 · 01/12/2024 13:06

BabstheBounder · 01/12/2024 11:04

One of my relatives died recently. They prearranged their funeral and informed the funeral director that the cremation was to be immediate family only (as in spouse, child, sibling, parent, parent in law, sibling in law, twonaunts and their spouses) but the wake was more open.

These wishes were honoured.

@sarah010179 if you have specific wishes then you should prearrange your funeral with whatever clear directions you feel you need.

but if anyone else had turned up on the day, the funeral directors would not have been able to refuse them entry.

Alondra · 01/12/2024 13:06

Dotto · 01/12/2024 12:56

No. You don't need to wait for probate to be granted in order to obtain the will, action funeral choices and take other executor decisions such as informing banks and insurance providers. It is only bigger actions such as distributing larger assets (like selling a house) that requires the grant of probate or letters of administration.

Edited

You are agreeing with me. Obtaining a copy of the will, action funeral choices, like cremation or informing institutions of the passing, are the easy part of the executor. The distribution of the estate by selling off assets requiring probate/letters of administration, it's the complicated part.

Unfortunately, the OP or her executor can't prevent her parents attending a public funeral/cremation if there is one.

StandingSideBySide · 01/12/2024 13:06

Dotto · 01/12/2024 13:05

Jesus. I've heard nothing but ridiculous expensive stories when people do this... I don't think it should be allowed, particularly when that solicitor has had a hand in putting the will together in the first place!

What do you mean. Solicitors are often used

IHaveNeverLivedintheCastle · 01/12/2024 13:07

StandingSideBySide · 01/12/2024 12:58

We ve executed six wills
Two of those wills were read out after the funeral by solicitors
One was in Guernsey ( so possibly different rules)
and one was in England

The one in England was quite contentious which could be why it was read after the funeral.
We, as executors, along with one other relative also an executor went to the solicitors office the afternoon of the funeral for the reading. We were not permitted to see it before as the solicitor was also an executor and that was the deceased decision ( again possibly because of its contentious nature so the deceased choice.)
We then went back to read it to all the other relatives who were shocked by its contents.
The funeral was paid for by the solicitor out of the deceased estate. With some payments made after the will was executed.

So it does happen just like we often see on TV

Edited

It really doesn't.

Dotto · 01/12/2024 13:08

Alondra · 01/12/2024 13:06

You are agreeing with me. Obtaining a copy of the will, action funeral choices, like cremation or informing institutions of the passing, are the easy part of the executor. The distribution of the estate by selling off assets requiring probate/letters of administration, it's the complicated part.

Unfortunately, the OP or her executor can't prevent her parents attending a public funeral/cremation if there is one.

You said "it's not immediate" in response to my saying to someone else that the will is usually available quickly.

StandingSideBySide · 01/12/2024 13:08

IHaveNeverLivedintheCastle · 01/12/2024 13:07

It really doesn't.

As my family example, it does sometimes and it’s up to the deceased.

Catza · 01/12/2024 13:08

Soontobe60 · 01/12/2024 12:56

Who’s ‘we’? The executor should have immediate access. If the executor was a solicitor, then you have no legal right to see the will until it’s gone through probate.

My point exactly

tachetastic · 01/12/2024 13:09

sarah010179 · 01/12/2024 09:39

Thanks for the replies so far, greatly appreciated x
So if I write a pre-funeral letter specifically about funeral arrangements or perhaps addressed to a funeral director, how would I word that I don't want that person to attend under any circumstances? I need to be quite assertive because my other parent has form for whitewashing and glossing over the reasons why my siblings and I disowned other parent. Remaining parent is the sort to agree to have them there, "to keep the peace" or "for a quiet life". etc.
Yes, there's a high chance I might predecease both parents.

If you were to be cremated you could have a wholly private remembrance service at home or in a private venue, on an invitation only basis, with your cremation taking place afterwards. You could ask a priest or vicar to hold the service. Your ashes could be scattered in a place your parent does not know about.

But as others have said, you cannot prevent them attending a church service or a graveside.

I am sorry that you need to even think about such a thing.

MoralOrLegal · 01/12/2024 13:10

Most times, the executors know who they are and where the will is. Sometimes they don't. My own case was complicated and things proceeded slowly. OP, there is nothing to stop you putting things in a will and in a letter of wishes and a letter to the funeral director but none of these might be effective.

To the "but you'll be dead!" crowd, preventing someone's attendance might be in the best interests of other family members, we don't know the situation.

IHaveNeverLivedintheCastle · 01/12/2024 13:10

StandingSideBySide · 01/12/2024 13:03

No.
We had to go to their offices for the reading after the funeral.

The family of the deceased cannot remove an executor. The executors see the will immediately

Dotto · 01/12/2024 13:11

StandingSideBySide · 01/12/2024 13:06

What do you mean. Solicitors are often used

Nope. They really shouldn't be encouraged to leech a deceased's estate by being named as an executor. They don't do anything an executor can't do and charge a fucking fortune for it.

BibbityBobbityToo · 01/12/2024 13:12

Direct cremation is you only option really as you can't legally ban them.

You could leave wishes that they aren't welcome at your wake though.

Chipsahoy · 01/12/2024 13:12

Let it go, you can’t control that. My only concern with nc parents is that they might try and have me buried in my childhood home town. Thankfully with a husband as next of kin and a teen fast approaching adulthood, they shouldn’t have any rights at all.

StandingSideBySide · 01/12/2024 13:13

IHaveNeverLivedintheCastle · 01/12/2024 13:10

The family of the deceased cannot remove an executor. The executors see the will immediately

Edited

We were executors which is why we saw the will.
We and the other executors could take the work on ourselves after the reading without the third executor, the solicitor. It was written in the will.

StandingSideBySide · 01/12/2024 13:14

Dotto · 01/12/2024 13:11

Nope. They really shouldn't be encouraged to leech a deceased's estate by being named as an executor. They don't do anything an executor can't do and charge a fucking fortune for it.

As I said. The will was contentious which I think is why the deceased wanted a non family member to be involved initially.
In terms of payment their expenses up to and including the reading were made when it was written, ten years before.

Soontobe60 · 01/12/2024 13:15

StandingSideBySide · 01/12/2024 12:58

We ve executed six wills
Two of those wills were read out after the funeral by solicitors
One was in Guernsey ( so possibly different rules)
and one was in England

The one in England was quite contentious which could be why it was read after the funeral.
We, as executors, along with one other relative also an executor went to the solicitors office the afternoon of the funeral for the reading. We were not permitted to see it before as the solicitor was also an executor and that was the deceased decision ( again possibly because of its contentious nature so the deceased choice.)
We then went back to read it to all the other relatives who were shocked by its contents.
The funeral was paid for by the solicitor out of the deceased estate. With some payments made after the will was executed.

So it does happen just like we often see on TV

Edited

That’s not what should happen legally. Assuming the solicitor was a joint Executor and also held the original will, then yes, you’d have to go into their office to discuss the next steps and see the will. there is absolutely no requirement to tell anyone else what the contents of the will are until probate has been granted, no matter how contentious. Just because you chose to do this doesn’t mean it’s what should happen, or needs to happen legally.
Regarding funeral costs, in the vast majority of cases, a funeral director will send their invoice directly to the deceased’s bank to receive direct payment. The executor then receives a copy of the invoice.

Dotto · 01/12/2024 13:15

StandingSideBySide · 01/12/2024 13:14

As I said. The will was contentious which I think is why the deceased wanted a non family member to be involved initially.
In terms of payment their expenses up to and including the reading were made when it was written, ten years before.

Edited

Unusual!

IHaveNeverLivedintheCastle · 01/12/2024 13:16

StandingSideBySide · 01/12/2024 13:13

We were executors which is why we saw the will.
We and the other executors could take the work on ourselves after the reading without the third executor, the solicitor. It was written in the will.

Edited

Yes I know the executors see the will. Goodness only knows how many times I've taken wills out of our will safe, checked who the executors are and given them a copy. The executors can't force another named executor to stand down- the other executor can choose to.

But all this guff about "reading the will" etc, etc is so irritating.

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