Who gets to say what goes on a headstone?

  • The executor

In Wiebe v. Bronstein the executor of the deceased was his sister.  She arranged for a headstone that said “beloved son, brother, uncle and friend”.  The deceased’s common law spouse wanted to either have “partner” added to this list, or to have this phrase removed.  They could not agree, so the spouse applied to court.

The judge dismissed the claim.  She decided that decisions about gravestones fall under the Cremation, Interment and Funeral Services Act section 41 and is a matter between the cemetery and the executor.  While a spouse may apply under section 5 to control the disposition of the remains, this section does not extend to headstones.

We can help if there is an estate-related dispute.  Contact us.

Read the case:  Wiebe v. Bronstein