Bribing a Survivor to Protect Your Cadaver—Part 2

The article explores the complexities of cadaver disposition and the legal uncertainties surrounding a decedent’s posthumous wishes. Traditionally, the United States followed a binary system of burial or cremation, but new, legal alternatives like alkaline hydrolysis and human composting have raised concerns about whether a decedent’s body may be disposed of against their wishes. State laws often give the surviving spouse or next of kin discretion over the body, making testamentary instructions mere “hopes” rather than binding directives. Without proper legal planning, a disgruntled relative could override the decedent’s preferences, leading to potentially undignified outcomes.

To address these concerns, the article proposes using financial incentive clauses in wills or trusts to ensure compliance with a decedent’s disposition wishes. By appointing a “sepulcher agent”—a designated individual responsible for carrying out cadaver disposal—the testator can increase the likelihood that their instructions are followed. The article discusses legal precedents that support the authority of surviving relatives over a body, as well as practical steps such as prepaying for funeral services, clearly outlining burial or cremation details, and structuring incentive-based trusts that distribute payments based on compliance with the decedent’s wishes.

The article further examines whether such financial incentive clauses could be challenged as contrary to public policy. While testamentary freedom is generally upheld, conditions that exert excessive control or contradict legal norms may be voided. Courts have historically enforced incentive provisions for education, employment, and other behaviors, suggesting that similar clauses for body disposition could be legally permissible. The article concludes that careful drafting, proper legal structuring, and financial incentives may be necessary tools to ensure a client’s posthumous wishes are honored, avoiding unwanted outcomes such as having their remains discarded in a sewer or used for scientific research without consent.

For more information see William A Drennan “Bribing a Survivor to Protect Your Cadaver—Part 2” ABA Probate and Property Journal, March, 2025.