Many problems can arise after someone dies, including from paying for a funeral to disputes about burial or cremation.

It is important to take the time to consider your funeral plans. By planning ahead, you can ensure your wishes are known and reduce stress on your loved ones. 

The information here will help you to understand ways of dealing with some of the issues that can arise after a death including: where to start to organise the affairs of someone who has died, disputes about burial, and ways of getting help to pay for a funeral if it has not been paid for in advance. 

Planning in advance for your funeral

It is important that you talk with your loved ones about your wishes and preferences about your funeral, including whether you want to be buried or cremated, and the kind of service you would like to have.
You can also set out your wishes about your funeral in your will. 
Another way to make sure your wishes are met is to plan for your funeral. 

If I have to organise the affairs of someone who has just died, what do I do first?

The funeral director registers the death. This enables a death certificate to be created. Information about getting a death certificate is available from the Registry of Births Deaths and Marriages.

The deceased may have paid for their funeral in advance. Otherwise, they may have had private health, sickness, accident or life insurance policies that may help with paying funeral expenses.

There may be organisations you may have to notify, for example, Centrelink, banks and utilities. Services Australia has information on who to tell after a death and a suggested list of people and organisations to notify checklist.

Who is responsible for deciding between burial and cremation?

Normally, the executor of the deceased's will (or personal representative if there is no will) has the right to decide on the funeral arrangements as they think best. This is usually done based on what they knew about the wishes of the deceased if it is practical to do so.

There are two restrictions that will stop an executor or personal representative from being able to have the deceased cremated:

  • if the deceased has left written instructions (including in a will) that their body is not to be cremated, or
  • if there are no written instructions from the deceased, but cremation is opposed by the deceased's spouse, de facto partner or senior next of kin.
If the deceased is not buried where they were cremated, who do the ashes go to?

If the deceased is not buried where they were cremated, the ashes are given to the person who applied for the permit to allow cremation.

What if there is a dispute about where the deceased should be buried?

If the deceased person has made a will and named an executor, the executor has the right to arrange for burial of the deceased's body. If the deceased has died without a will, the usual approach is that the person entitled to a grant of administration is usually the person responsible for the burial of the body. This means the person who has the authority to deal with the deceased's estate or property.

If there is a dispute about burial, you should try negotiation or mediation to resolve it. You may need to get a court order stopping the burial until the dispute has been resolved. If the dispute can't be resolved and you do not agree with where the body is to be buried, you may have to take action in the Supreme Court. The court will then decide what should happen about burial.

You should get legal advice before taking legal action.

What if there is not enough money in the deceased person's estate to pay for a funeral?

In these circumstances, depending on whether you are eligible, there may be financial help available for the costs of funeral expenses through:

Funeral assistance for some victims of homicide in Western Australia

The Homicide Funeral Assistance Scheme lets some people apply for help with funeral costs where the cause of a person’s death is related to homicide within Western Australia. To find out who can apply and for more information about the scheme including frequently asked questions visit the Homicide Funeral Assistance Scheme website. You can also download an application form on this website.

More information


 Reviewed: 28 November 2023



The information displayed on this page is provided for information purposes only and does not constitute legal advice. If you have a legal problem, you should see a lawyer. Legal Aid Western Australia aims to provide information that is accurate, however does not accept responsibility for any errors or omissions in the information provided on this page or incorporated into it by reference.