North Carolina Funeral Law Practice Exam

What constitutes an express wish in the case of cremated remains?

1. An explicit verbal agreement

2. A formal written directive

3. An understanding between family members

4. A legally binding contract

The correct answer is: A formal written directive

An express wish regarding cremated remains is best defined as a formal written directive. This is important because it provides clear and unambiguous evidence of a person's desires concerning the disposition of their cremated remains. Written directives can include documents such as a will or specific cremation instructions created by the individual before their death. These documents serve to prevent any misunderstandings or disputes among family members or loved ones regarding the deceased's wishes. While an explicit verbal agreement may convey an individual's intentions, it lacks the permanence and clarity of a written directive. Similarly, an understanding between family members may indicate what the deceased may have wanted, but it does not provide solid evidence compared to a formal document. A legally binding contract, while significant in another context, specifically pertains to agreements enforceable by law, which may not directly characterize the express wishes about cremated remains unless it is structured as such. Therefore, a formal written directive stands out as the most definitive way to express one's wishes regarding cremated remains.