When Frank Sinatra sang of facing the final curtain, he declared that he had lived his life his way — but those of us actually facing life’s end are often more concerned about what happens to us after death.One thing you can’t do after death is own your body — and it is for that reason that any directions in your will regarding the disposal of your body are not legally binding on your executors. For example, if you gave directions in your will to be buried at sea, but after death your surviving spouse prevailed upon the executors to bury you in the family grave, then this would be permissible.Although there is no right of ownership in a dead body, save as provided by The Human Tissue Act 1976 under which parts of a dead body may be removed for therapeutic purposes or purposes of medical education or research, an executor appointed in your will is entitled to take possession of your body for the purpose of prompt and decent burial, or other lawful disposition. That is because the duty to arrange for the proper disposal of your body falls primarily upon your executors.A similar duty falls upon your administrators, should you die without a will.Where there is no person who can be identified as the executor or administrator, then the duty to properly dispose of your body falls upon the householder or the proper authority of the place (eg hospital) where your body rests, which is necessary to avoid any health hazard caused by a dead body being left unburied.Notwithstanding the foregoing rules, a coroner has the overriding right to take possession of a dead body as soon as he decides to hold an inquest and this right continues at common law until the inquest is determined.Where there is a dispute over the validity of your will and therefore the appointment of your executor, which would not be settled imminently, then in those circumstances the hospital or householder who has lawful possession of your body may make the decision as to its appropriate disposal. This is the case notwithstanding the wishes of the purported executor or members of the family involved in the dispute.Under Bermuda’s public health legislation, burials can only take place in designated cemeteries or in a place, other than a cemetery, if designated under a special licence by the Minister responsible for health, once he has satisfied himself such burial will not be prejudicial to the public health.Cremated ashes, unlike a body, may be owned and possessed similar to that of a preserved body. Although ownership of ashes may pass by sale, gift or otherwise, the only qualifications are that they are the remains of a human being and should be treated with respect and reverence.Reasonable funeral expenses are the first charges on an estate. Even when the estate is insolvent, the reasonable funeral expenses and also the testamentary and administration expenses have priority. Although there is no statutory definition of ‘reasonable funeral expenses’, established practice is that the Registrar of the Supreme Court determines what is reasonable in the circumstances of each case.Technology, as often happens, is ahead of the law with regard to new methods for disposal of human remains. In keeping with environmental awareness, there are new alternatives to cremation and burial. Resomation Ltd, a Glasgow, Scotland based company, has developed the “alkaline hydrolysis” or “liquefaction” process, which they say is a green alternative to cremation and works by dissolving the body to the point where the liquid remains can be poured into the municipal water system (see: www.resomation.com).Another alternative method is the organic form of burial known as “promession”, which is done by freeze drying the human remains and returning them to the soil in an organic, clean form (see: www.promessa.se/en/).Presently, these forms of disposal of human remains are only legal in some jurisdictions. However, should these and other such methods become legal in Bermuda, it is expected that the law relating to them will follow along the already established rules in respect to the ashes of cremated human remains.While on the subject of advanced technology, it is now possible to have a “live” tombstone. Quiring Monuments of Seattle, Washington, have created the Living Headstone®. A ‘Quick Response’ (eg QR) code is attached to the gravestone, and can be scanned with a free smart phone app that brings up a website that is similar to a Facebook page. The page contains information about the deceased, such as his obituary, photos, family heritage, and history. Friends and loved ones may contribute comments and photos, and even add links to share content on social media sites such as Facebook and Twitter.It is also possible to virtually visit a cemetery, or other place such as a meadow, mountaintop or lakeside location where a loved one’s ashes have been scattered, by placing a ‘Monumark’ tag at the site (see: www.monumark.com). Each tag links to a web page that features a story and photos of the deceased. Visitors to the page may sign a guest book and leave notes of their virtual visit to the final resting place of a deceased.So, while you may not have your way entirely after death, you can still leave a reminder of a life well-lived.Attorney Michael J Mello QC is counsel with the Private Client and Trusts Practice Group at Appleby (Bermuda) Limited. A copy of Mr Mello’s column can be obtained on the Appleby website at www.applebyglobal.com.This column should not be used as a substitute for professional legal advice. Before proceeding with any matters discussed here, persons are advised to consult with a lawyer.