Updated 25 October 2026
CM Law's Ultimate 50 List: Making a Will #40 - Can a will cover funeral arrangements?
Back to the 50 most asked questions about making a will
Yes. You can include funeral wishes in your will, including your preferred burial place, religious service and funeral director. In NSW, however, most of those wishes guide the person arranging the funeral rather than legally compel them. A written direction against cremation is an important exception.
A useful plan combines a properly prepared will with clear instructions that your executor and family can find promptly. For Greek Orthodox families, early discussions with the parish priest and funeral director can also help align religious requirements, family expectations and practical arrangements.
Who decides what happens after death
An executor named in a will generally has the right to arrange the funeral if they are willing and able to do so. Appoint someone who understands your preferences and can make decisions during a difficult time.
If there is no executor, responsibility generally follows the person with the strongest entitlement to administer the estate. It is not simply a matter of whichever relative contacts the funeral home first. Competing claims, particularly between people with equal standing, may require legal advice or a Supreme Court decision.
Legal Aid NSW explains that executors should try to follow funeral wishes, although practical difficulties or insufficient funds may prevent this. Consultation can reduce conflict, but family agreement should not be assumed where relationships are strained. Raise foreseeable disagreements when preparing your will.
The important exception for cremation
Under section 102 of the Public Health Regulation 2022, a person must not cremate a body if they know that doing so would contradict a written direction left by the deceased. The provision also addresses written directions about the particular method of cremation.
If you do not want cremation, have that position recorded clearly in writing and make sure the executor and funeral director receive it. A general preference for a particular church or cemetery may leave room for misunderstanding. Ask your solicitor to distinguish your objection to cremation from your other funeral preferences.
This exception does not make every instruction about music, flowers, attendance or the service legally binding. Those details still need discussion and practical planning.
What to record in your funeral wishes
Identify your preference for burial or cremation, any express objection to cremation, the intended cemetery and details of an existing interment right. An interment right permits burial or placement of remains in a particular place; it is not ownership of cemetery land.
Record your preferred parish or celebrant, funeral director, service language, important religious observances and people to contact. You can also identify music, readings, charitable donations or a gathering after the service. Explain which preferences matter most and where you are comfortable allowing flexibility.
If you hope to be buried with a relative, confirm the cemetery’s records and capacity. Cemeteries & Crematoria NSW recommends addressing interment rights in estate planning. For burial in Greece or elsewhere overseas, discuss repatriation requirements with the funeral director before assuming the arrangements can be completed quickly.
Keep instructions accessible outside the will
Do not rely on someone finding your will after the funeral has already been arranged. There is no need to wait for a formal will-reading ceremony, and funeral arrangements ordinarily proceed before probate is granted.
Keep a separate, dated funeral wishes document with contact details and the location of prepaid contracts or cemetery records. Give copies to your executor and a trusted family member, and discuss them with your chosen funeral director. This practical record should be consistent with your will.
Tell those people when your wishes change. A document stored securely but known only to you may offer little help when immediate decisions are needed.
How funeral expenses are paid
Reasonable funeral expenses can generally be paid from an adequately funded estate. However, the person who signs the funeral contract is usually responsible to the funeral director. A statement in the will that the estate will pay does not remove that contractual responsibility.
Legal Aid NSW’s payment guidance explains that a bank may release money from the deceased’s account for funeral expenses, subject to its documentation requirements. Contact the bank and executor before committing to arrangements that depend on reimbursement.
The NSW Government’s funeral guide recommends obtaining clear, itemised information before signing. Check what is included, any cemetery or third-party charges, and payment terms. If a prepaid arrangement exists, locate the contract and confirm its coverage. Recording funeral preferences does not require buying a prepaid product.
A real NSW dispute about funeral arrangements
In Abraham v Magistrate Stone, Deputy State Coroner [2017] NSWSC 1684, the parents of a young person who died without a will disagreed over his funeral. His mother sought burial in New Zealand; his father proposed a Māori funeral in Australia, followed by cremation and sharing the ashes.
The Supreme Court recognised that the parents had equal standing. It allowed the father’s proposal after considering consultation, cultural concerns and avoiding further delay. Each party bore their own costs.
The case illustrates the difficulty of resolving competing family expectations after death. It supports the practical value of discussing preferences and identifying who will make decisions in advance.
Planning a Greek Orthodox funeral
If you want a Greek Orthodox funeral, speak with your parish priest while preparing your instructions. Record the church, burial preference, preferred language and any arrangements for the Trisagion prayers, funeral service and later memorials.
The Greek Orthodox Archdiocese of Australia explains these observances and restrictions on some memorial dates. Confirm the actual arrangements with your parish rather than assuming every family custom is a church requirement.
Ask the funeral director about coordination with the priest and cemetery, Greek-speaking assistance, notices and any repatriation plans. Make sure the executor has the relevant contacts and understands which religious preferences are particularly important to you.
Sydney funeral directors offering Greek Orthodox services
The following providers advertise Greek Orthodox services or have an established Greek community focus. Euro Funeral Services is listed first, followed by other Sydney options. This directory is a starting point, not an exhaustive register or endorsement. Confirm current services, parish coordination and availability directly.
Euro Funeral Services — Roselands funeral home offering burial, preplanning and repatriation services.
Acropolis Funeral Services — Dedicated Greek Orthodox funeral services across Sydney.
Divine Family Funerals — Earlwood provider with a dedicated Greek Orthodox service.
Ocean Funerals — Hurstville funeral home serving Sydney’s Greek community.
Orthodox Funerals — Greek Orthodox arrangements through its dedicated Sydney service.
Guiding Light Funerals — Greek Orthodox and other multicultural funeral arrangements.
Blessed Funerals — Sydney cultural funeral services that include Greek Orthodox funerals.
Caring Funerals — Five Dock provider serving Greek and other Orthodox communities.
Funerals of Compassion — Greek funerals across Sydney, with Greek-speaking assistance available.
Kenneally’s Funerals — Greek and Orthodox arrangements in Bankstown and greater Sydney.
Kevin and Perram Funerals — Specialist Greek Orthodox arrangers for Sydney families.
Mannings Funerals — Greek and Orthodox funeral services across Sydney.
Supremacy Funerals — Penrith provider offering Greek Orthodox funeral arrangements.
Willow Tree Funerals — Sydney funeral home supporting Greek Orthodox families.
Wilson Family Funerals — Greek and Orthodox services for Sydney families.
Review your plan with your executor
Revisit your instructions when your executor, family circumstances, parish or preferred burial place changes. Check that everyone holds the latest version and knows where the original will and supporting records are kept. Clear instructions are most useful when the people responsible have discussed them with you.
Speak with CM Lawyers
Our wills and estates team can help record your funeral wishes, appoint an appropriate executor and address potential disputes. Contact CM Lawyers on (02) 9557 9000 or email lawyers@cmlaw.com.au. Our office is at Level 3, Unit 3.07, 18–30 Faversham Street, Marrickville NSW 2204.
This article provides general information about NSW law and is not a substitute for legal advice about your circumstances.
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