What to do if there is disagreement about the organization of the funeral?
Verified 24 January 2024 - Directorate for Legal and Administrative Information (Prime Minister)
Funerals must correspond to last wishes of the deceased.
If no will specifies them, it is up to the relatives to make the necessary choices for the organization of the funeral (cremation/burial, location, religious/secular ritual, etc.),
If they don't agree, only the judge can decide.
It designates the person best able to decide (we speak of person authorized to provide for the funeral).
This is a person who has had a stable and permanent relationship with the deceased (e.g. surviving spouse, past partner, parent, child).
You must enter the court of law place of death by subpoena or by request spouse at the registry.
You can go through a joint motion if you agree to go to court together and ask the court to resolve your dispute.
The use of a lawyer is not obligatory.
The court shall decide within 24 hours.
Warning
if the death occurred abroad, you must bring an action before the court for the place of the deceased's last domicile in France.
You can appeal the court's decision within 24 hours, to the first president of the court of appeal. He decides immediately.
The use of a lawyer is optional.
Who shall I contact
Failing to respect the deceased's last wishes may be punished by up to 6 months imprisonment and €7,500 of fine.
Failure to comply with the possible court decision can be punished with the same penalties.
Choice of court
Jurisdiction of the court
Form of the application
Procedure applicable before the court
Criminal sanctions