Funeral: the most caring parent decides the organization

If the deceased has not made arrangements for his funeral, it is up to his close relatives to decide. However, in the event of disagreement, this decision rests with the parent present in the last moments, even if there was a significant proximity between the deceased and another child.

A mother wanted to be surrounded by her children on the eve of a delicate operation. The son had responded to his mother's wish to join her. The daughter, even though she was close to her mother, had not made any arrangements to respond to her request and be present with her. She eventually died alone at her home before the son arrived.

The family of the deceased (the grandfather and the children) is first united on the principle of incineration and burial in the family vault. Then, she can no longer agree on the fate of the funeral ballot box. It is the son of the deceased who, after joining the action of the grandfather, will be able to make the arrangements for the ballot box.

The Court of Cassation dismisses the girl's appeal. She recalls that in the absence of last wishes, it is the parent who has been most considerate and attentive, who decides on the organization of the funeral and burial.