Toronto Estate Law Blog : Toronto Estate Lawyer : Hull & Hull Law Firm : Trust Mediation and Succession Planning : Serving Ontario, Ottawa, Mississauga, Hamilton

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Ever dream of being an astronaut? If you were not one in life fear not, there is still the chance that you can travel in space after your death. According to a Toronto Star article by Nicole Baute, it would appear that when it comes to burial possibilities, the sky is not the limit.

Celestis Inc. is a company co-founded by commercial space age pioneer Charles Chafer that specializes in “Memorial Spaceflights”. The ashes are placed in aluminum capsules inside a Celestis spacecraft, which is a small cylinder that hitches a ride on a rocket heading elsewhere. The spacecraft breaks away from the rocket once it is deep in space and then orbits the earth for anywhere from a few years to several hundred years, depending on how far into space it goes. Solar wind and the natural degradation of the orbit eventually pull the spacecraft back into the earth’s atmosphere, where it incinerates like a meteor upon contact. The cost is anywhere from $695 to $12,500 $US.

If space travel isn’t for you, Baute reports on other unconventional options. Perhaps you would like to have your ashes pressed into a vinyl record for family and friends (the sound quality is a little scratchy and you might have to supply the turntable) or even an attractive paper weight. Those who are concerned about the environment can have themselves composted. As for me, I think I’d like to be turned into a diamond. 

Considering all the burial options out there, with a little imagination, you can go to infinity and beyond! 

Sharon Davis - Click here for more information on Sharon Davis.

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Lonnie Holloway of Saluda, South Carolina was recently buried sitting upright in the front seat of his 1973 Pontiac Catalina.

According to the New York Times report (there is a video link, too), the 90 year old, described by a cousin as a “stylin’ and profilin’” man, had always said that he had wanted to be buried that way. He was also buried with his gun collection. He had said that he didn’t want them falling into the wrong hands.

The expressed wishes of the deceased raise a number of interesting issues to consider. Some immediate include:

• Whether the directive regarding the means of burial is binding on the Estate Trustee. The rule is that directions contained in a deceased’s will are not binding on an executor. Additionally, an estate trustee is only allowed to recover reasonable burial expenses from the estate, taking into account the deceased’s position in life.
• In Canada, there are restrictions that would intervene with respect to the disposal of weapons.
• Will a Will that calls for the destruction of property be enforceable? In Wishart Estate (1992), 46 E.T.R. 311, the deceased left a will that called for the shooting of his four horses. The court found that the direction was void as being against public policy. In that case, the court referred to a Missouri Court of Appeals decision where a term in a will calling for the demolition of the deceased’s house was, similarly, found to be void as being in violation of public policy.

Have a great weekend. Keep your eyes on the road and your hands upon the wheel.

Paul Trudelle

Paul Trudelle - Click here for more information on Paul Trudelle.

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Earlier this month, Elsie Poncher posted on eBay her late husband's crypt for sale. The unique feature about the crypt is its location directly above the crypt of Hollywood icon, Marilyn Monroe in Westwood Village Memorial Park cemetery. Mrs. Poncher decided to sell the valuable crypt and move her husband's remains to another part of the cemetery in order pay the $1.6 million mortgage on her Beverly Hills home.
 
Last week, someone purchased the crypt with a winning bid of $4.6 million. That bid has since fallen through with the bidder unable to pay but there were a number of other multi-million dollar bids which may now become the winning bid.
 
In Ontario, the Cemeteries Act prohibits the private resale of burial plots or crypts. When someone purchases a burial plot, they receive interment rights in perpetuity, not property rights. The property rights belong to the cemetery and if required, transfer to a third party requires the consent of the cemetery and the cemetery maintains the right to buy back the interment rights.
 
However,  in the United States many states do not have similar legislation and some suggest that the reselling of burial plots have increased in recent economic times .
 
Thanks for Reading,

Diane Vieira

Diane Vieira - Click here for more information on Diane Vieira.

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I recently came across an article which suggests that Do-It-Yourself (D-I-Y) funerals are an emerging trend in the United States. The article charts the growth of the home funeral movement in the last two decades.

A D-I-Y home funeral can mean many things. A family member may want to build the casket, hold a visitation at home, and they may even want to prepare the body for viewing. The D-I-Y movement provides information on the different state laws and guides family members in the completion of the related forms.

Fuelled by economic concerns, an increased desire to personalized funerals, and the ecology movement which discourages the use of embalming chemicals, some families are investigating this option. 

Comparing the D-I-Y home funeral movement to the home birth movement, some advocates suggest that professional services disassociate family members from the grieving process and a return to a home funeral results in a more meaningful experience.

Not sold on the merits of preparing your loved one’s body for viewing and burial? Max Alexander has written a touching piece on his experience with a home funeral and a regular funeral. Alexander’s father and father–in-law died in the same month. While his father had a traditional funeral, his father-in-law had a home funeral. Despite all the paperwork involved, Alexander favours the home funeral approach.

In Ontario, funerals are heavily regulated but it is not illegal to prepare a family member for burial and cremation without the assistance of a funeral home as long as you are in compliance with all relevant regulations. However, in order to comply with all regulations and obtain the proper paperwork, funeral directors are an invaluable source. Further, funeral homes are adapting to the requests of families by accepting homemade caskets and preparing bodies for viewings held at a private home.

And remember that the D-I-Y funeral movement does not include D-I-Y burials and cremations; some things have to be left to the professionals.

Enjoy your (long) weekend!

Diane Vieira

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A recent Toronto Life magazine article, “The New Death Etiquette” examines mourning in the 21^st century. The new death etiquette includes multicultural hybrid funerals and intricate grieving rituals. Many funerals now are elaborate functions designed to reflect the individual personality of the deceased person. As stated in the article, there is no such thing as a standard burial these days. 

Most of us probably do not like to think about our funeral and final resting place. However, when it comes time to preparing a Will, many individuals will ask their lawyer to include burial instructions, such as a wish for cremation or to be buried in a particular cemetery. It may come as a surprise to learn that in Ontario, such instructions are not binding on the estate trustee. It is the estate trustee who has the right and obligation to bury a deceased person, even in the face of objections from family members. The authority for this comes from an English case decided over 100 years ago, Williams v. Williams (1882), 20 Ch. D. 659, where it was held that there is no property in a dead body, and so a person cannot by will dispose of their own dead body. An estate trustee, however, has the right to custody and possession of a deceased’s body until it is properly buried. 

Have a great day!

Bianca La Neve

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Environmental consciousness is spreading, and is making its way into the realm of estates.

There is a growing movement towards “natural burial” or “eco-cemeteries”, and away from more traditional practices such as a conventional burial or cremation. Both of these traditional practices are said to have adverse environmental effects that can be avoided through natural burial. 

Conventional burial normally involves the use of formaldehyde, a potential carcinogen. Vast amounts of steel, wood and cement are involved in the burial process. Cemeteries are often simply fields of grass, with grave markers, that require watering, mowing, pesticides and herbicides.

As for cremation, the process requires huge amounts of natural gas. Emissions from crematories contain hazardous materials.

In natural burial, the body is prepared without use of chemical preservatives such as embalming fluids, and the body is buried in a biodegradable casket or shroud. The physical layout of the cemetery is distinct in that traditional grave markers are avoided, and the grave markers are designed to blend in with the landscape. Pesticides and herbicides are avoided. 

For more information, visit the Natural Burial Co-operative website at http://www.naturalburial.coop/

According to their website, the Natural Burial Co-operative is currently working to establish Canada’s first natural burial preserve.

The movement still appears to be in its infancy; however, interest in the concept of natural burial is growing.

Have a great weekend.

Paul Trudelle