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WA Will Doesn't Mention Funeral Expenses - Who Pays?

Discussion in 'Wills and Estate Planning Law Forum' started by Cheryl Eisenhauer, 26 April 2015.

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  1. Cheryl Eisenhauer

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    If I am the sole beneficiary of a will which does not mention paying funeral and testamentary expenses, am I liable to pay the funeral costs?
     
  2. Sophea

    Sophea Well-Known Member

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    The estate is responsible for payment of funeral expenses. The funeral expenses will come out of the money you will inherit.
     
    Sarah J likes this.
  3. Tim W

    Tim W Lawyer

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    I agree with @Sophea.
    Before you can receive a distribution from the estate,
    any bills and tax liability left behind by the deceased have to be paid (doing that is part of the executor's job).
    This includes paying for the funeral (as well as the credit cards, household bills etc).

    You get what's leftover after all that work is done.
     
    Sarah J likes this.
  4. Sarah J

    Sarah J Well-Known Member

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    Hi Cheryl,

    I agree with the above. The funeral expenses (as well as costs to the executor, debts to creditors of the deceased, taxes on the estate and other expenses related to administering the will) will be taken out of the estate first. There is an order as to where the expenses should come out of first (i.e. residue estate) so that specific gifts are protected. This means, if you inherited a specific gift (e.g. house, car, lamp), this will not be sold off and pay toward the administrative expenses until all of the residue estate (and then, general gifts such as money in bank accounts) are exhausted.
     
    Tim W likes this.

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