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About funerals and organ donations

  • Writer: Siva Prasad Bose
    Siva Prasad Bose
  • Feb 2, 2021
  • 1 min read
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In this post, we discuss how a person can control the model of funeral and organ donation after their death by putting it in their will.

If a person leaves a will before dying, the executor / administrator of the will has to provide the funds for the funeral of the deceased, taken from the person’s estate

The manner of funeral should be suitable as per the size of the estate. Funeral expenses according to the degree and quality of the estate are allowed (Nistarini vs Nand Lal 30 Cal 369). Funeral expenses take precedence over all other liabilities. The exact sum cannot be fixed, since it can vary depending on a number of factors.

Any wishes of the dying person with respect to procedure for funeral, cremation or burial, caste / community / religion specific rituals etc are to be respected

If a person (testator) mentions a fixed amount in their will for funeral expense, the executor can only go upto that amount and no higher. However, the executor has the discretion to spend less than the amount mentioned

As per the transplantation of human organs act 1994 in India, any adult person in India can leave instructions in writing and signed by 2 witnesses, to donate any organs(s) in his body after his death for medical purposes (such as for research or study in a medical college or hospital) or for helping needy people who need a donor

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