So upon death decease loses all legal rights and probate makes a will legal. My will consists of two aspects a) Demand to be cremated b) Bestow to C my assets.
Probate takes place. Next of Kin desides contrary to my demand and has be buried and attempts to bestow my assets to B contrary to my demand in my legalised will for C to have them.
Bear in mind the wills integrity is not in question and as been legalised by probate - and, I have lost all my rights in death to my next of kin - why can't she have bestowed upon B my assets then?
Answers:
Do your own homework.
Probate determines whether your will was valid, and how it should be interpreted given the laws of your jurisdiction.
As I said, if you want a complete legal analysis of the laws in your jurisdiction, and how those laws deal with your body, you're going to need to specify where you are, and then hope that a licensed attorney or solicitor is bored enough to research the legal issues for free.
Until then, all you're doing is asking random anonymous people on the internet what they think the law should be.
And I already told you the legal tack that I would take if I were litigating the matter -- have your will declare your body to be an asset of your estate (if your local laws allow bodies to be declared as property) and then dispose of your body as a property asset.
But most jurisdictions don't treat bodies as estate property, and instead have special laws regulating their disposal. And those laws generally (generally!! laws vary by location) give the next of kin decision making power.
1st, since your dead you cant do **** about it, so unless someone named in the will or someone legally interested in the estate sues, nothing happens, im assuming c's pissed and sues. if will is probated, next of kin have no rights not given in the will. if this is a real concern appoint someo ne you trust as administrator, if its homework for your estates and trusts class, LOOK IT UP!!
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