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Resources & Frequently Asked Questions
Resources

Resources & Commonly Asked Questions

Who can arrange a cremation in BC?

BC law sets out who has the right to make decisions after a death, and in what order.

Updated September 29, 2026

After a death, someone has to give the funeral provider permission to go ahead. In British Columbia, the law decides who that person is. The rules are in section 5 of the Cremation, Interment and Funeral Services Act.

The order of priority

The right to make decisions about the body or the ashes belongs to the first person on this list who is available and willing:

  1. The executor named in the will (the law calls this person the "personal representative")
  2. The spouse, including a partner who lived with the person in a marriage-like relationship for at least two years before the death
  3. An adult child
  4. An adult grandchild
  5. If the person who died was a minor, a guardian who had care and control of them
  6. A parent
  7. An adult brother or sister
  8. An adult nephew or niece
  9. Another adult next of kin
  10. The provincial minister responsible for income assistance or, if it is managing the estate, the Public Guardian and Trustee
  11. Another adult who had a personal or family relationship with the person

If the person at the top of the list is unavailable or unwilling to give instructions, the right passes to the next person. It can't be handed to someone else by choice. If the executor steps aside, for example, the right moves down the list.

The funeral provider needs written authorization from the person with the right to decide. A provider may begin with permission given by phone, but the cremation can't take place until the written authorization arrives.

Are the person's own wishes binding?

Sometimes. A written preference about what happens to a person's body or ashes is binding if it is stated in their will or in a preneed (prepaid) cemetery or funeral services contract. The person with the right to decide must follow it, unless doing so would be unreasonable or impracticable or would cause hardship. It must also be consistent with the Human Tissue Gift Act, the law on organ and body donation.

Wishes shared in other ways, such as in conversation or a letter, aren't covered by that rule. They can still guide the family, and if a disagreement goes to court, the judge must consider any reasonable directions the person gave.

When family members disagree

When the right falls to several people of equal rank, such as two adult children, they can agree among themselves on the order. If they can't agree, the right goes to the eldest, then down in order of age.

Anyone who believes they should have the sole right to decide can apply to the Supreme Court for an order. The court must consider the rights of everyone with an interest, including:

  • the feelings of those close to the person who died, with particular regard to the spouse
  • the practices and beliefs of the person's religious faith about burial and cremation
  • any reasonable directions the person gave
  • whether the dispute involves family hostility or a capricious change of mind

If the court rules in someone's favour, that person moves to the top of the list.

If you aren't sure who has the right to decide, Consumer Protection BC, which licenses funeral providers, can help you work it out.

When no one is available or willing

If there are no relatives able or willing to make the arrangements, staff from BC's Ministry of Social Development and Poverty Reduction may take on the role and arrange the cremation or burial. They do this only when no other legal representative is willing or able. When the ministry has control, it chooses an immediate cremation unless the person's cultural, spiritual, religious or personal beliefs are a factor, or they stated a different preference in a will or preneed contract.

The same ministry may also help with the cost when neither the estate nor a responsible person, such as a spouse, can pay. Approval is needed before any services are provided. See the ministry's burial or cremation supplement and our article on ministry help with funeral costs.

When you arrange a cremation online with Just Cremation, the person with the legal right to decide signs the authorization. If you're not sure who that is, we're here to help, day or night.