A person can't dictate how their body should be buried - Appeal Court judge

Traditionally and legally, families have every right to decide the funeral arrangements of their deceased relatives, even if it goes against the wishes of the deceased, Appeal Court Judge, Justice Alexander Osei Tutu, has said.

According to him, dead bodies are the bona fide property of the family, led by the Family Head (Abusuapanin), and the deceased’s family has every right to make decisions regarding the funeral and burial arrangements of their loved one.

The law lecturer was speaking at the Men's Festival 2025 organised by ICGC — Calvary Temple on ‘Property Acquisition and Registration and Preparation of Wills’ under the theme: ‘Jesus Our Ultimate Role Model’ (1 Peter 2:21).

"When a person is alive, he or she owns his body, but immediately he or she dies, the body automatically becomes family property. Because the family becomes the owner of the dead body, through the Abusuapanin, it exercises its prerogative right to bury and organise the funeral.

"The spouse and children may lawfully benefit from the intestate estate of the person. However, out of respect, the family may decide to grant and honour the wishes of the deceased person in the manner he or she had suggested that his dead body be treated," the Appeal Court Judge said.

The learned judge emphasised that the family is not bound by the testamentary wishes of the deceased member regarding the funeral and burial arrangements.

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"...While a person is at liberty to make provisions for persons to inherit his or her properties, he cannot decide how he or she should be buried," Justice Alexander Osei Tutu stated.

Justice Osei Tutu, a member of the Assemblies of God Church, quoted scriptures to emphasise the importance of making wills and ensuring one puts his house in order before he or she dies.

"By preparing a will, individuals can prevent potential disputes and ensure that their wishes are respected after their passing; so put your house in order before you die, as the Lord instructed Ezekiel (Isaiah 38:1)," Justice Alexander Osei Tutu admonished.

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