Funeral provision

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A funeral care for their own funeral may at any time through a contract with a funeral home to be taken. From a legal point of view, this is a mixed type of contract that is predominantly subject to the law on contracts for work and services. Grave maintenance contracts can be concluded with cemetery nurseries during one's lifetime. The amounts paid in advance should be deposited in an escrow account to protect the commissioned company from bankruptcy . It is also possible to purchase funeral provisions as a benefit from an insurance company that, depending on the provider, will organize the funeral. A funeral directive is another form of provision for one's own death. In a will , it is possible to give instructions to the heirs about the funeral, but it should be remembered that the will usually only opened after the funeral date.

Funeral provision contract

In general, funeral provision contracts are made directly with undertakers . In this way, the undertaker, who was already trusted during his lifetime, can design the funeral according to his individual wishes. In such contracts, everything from the type of burial (fire or burial) to the type of flower decoration on the coffin can be determined in advance. For example, the contractual partners determine which clothing is desired in the coffin or whether certain items should be placed in the coffin.

Transmortal contract effect

Contracts concluded with undertakers are binding under current funeral law and apply beyond the death of one of the contracting parties concerned. The objection of third parties is not possible and no heir can intervene in the established burial process. Such a contract is generally not tied to a death benefit insurance or a trust deposit. The person concerned does not have to ensure during their lifetime that the funeral can be financed. However, it is usually saved privately by the pensioner or a death benefit insurance is taken out.

Postmortem personal rights

In principle, those responsible for caring for the dead decide on the type, scope and location of the burial. However, the declaration of will by the deceased - even verbally -, the postmortem right of personality, always takes precedence over the care obligations of the next of kin.

Consideration in social welfare law

In the course of the offsetting of assets (§ 90 SGB XII) when calculating social assistance entitlements , funeral provisions and death benefit insurance are only considered as "usable assets" according to a decision by the Federal Social Court , which confirms and continues the previous case law of the Federal Administrative Court on the BSHG from 2003 According to ( § 90 SGB ​​XII ) to be taken into account if this exceeds an "appropriate scope". Insofar as these are reasonable in scope, however, the hardship provision of Section 90 (3) sentence 1 SGB XII should apply. For example, excessive contributions should be included in the crediting that were expended during one's lifetime in order to make it possible to receive social assistance.

Due to a ruling by the Federal Social Court , funeral provision contracts cannot be terminated by social welfare offices as long as the size of the anticipated funeral contract is up-to-date with general living conditions.

literature

Web links

Individual evidence

  1. ^ Judgment of the BSG v. March 18, 2008, Az. B 8 / 9b SO 9/06 R
  2. ↑ BGH, judgment of October 26, 1977 , Az .: IV ZR 151/76
  3. ↑ Relieve relatives with funeral provisions. Retrieved November 4, 2015 .
  4. ↑ BVerwG, judgment of December 11, 2003 - 5 C 84.02
  5. ↑ BSG, judgment of March 18, 2008 , Az. B 8 / 9b SO 9/06 R, BSGE 100, 131 = FamRZ 2008, 1616 (Ls.) - full text