Can a person’s final resting place be changes even if their Will indicates where the place of burial is to be?

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Can a person’s final resting place be changes even if their Will indicates where the place of burial is to be?

I’m relocating. My father’s Will says that he’s to be buried in GA. Can his Will be overruled?

Asked on October 4, 2019 under Estate Planning, Georgia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

An executor is legally obliged to follow the terms of a Will (absent some illegal request). Once the testator (i.e. the person who made the Will) dies, the Will can no longer be changed.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, it may not be. Only the person who made the will (called the "testator") can change the will's provisions, and since the testator is deceased, they may no longer be changed. The will's executor is obligated by law to follow the provisions of the will and must enforce them.


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