Children are relieved of the payment of funeral expenses for their parents who have seriously failed to fulfill their obligations to them. This is what the Court of Cassation just recalled in the judgment of the First Civil Chamber on March 31, 2021.
An uncle asks his nephew to reimburse funeral expenses he advanced to a funeral business following the death of his brother. The son of the deceased who refuses his estate opposes payment because he did not know his father. He has testimonies that show the total disinterest of the father who never participated in his interview and education. The Châteauroux Magistrates' Court ruled in favor of the nephew. It relieves the child of his obligation to the deceased.
The Court of Cassation dismissed the appeal brought by the uncle. The child may be released in whole or in part from the payment of the funeral of his or her parent if the latter has seriously failed to fulfill his or her obligations to him or her.
Even if there is an obligation for the child to bear the costs of his parents' funeral as a consequence of the obligation of honor and respect towards them, that obligation ceases in the face of a father who has disinterested himself from him and has refrained from participating in his maintenance and upbringing.
