Key facts of the case - The applicant is the deceased’s mother, who argues that her son should be buried in Tunisia, according to the Muslim tradition. The deceased’s wife wants her husband to be cremated. According to the mother, the widow cannot be held as the interpreter of the deceased’s will.

Main reasoning of the court - The Court of cassation overturns the judgment, referring to its constant position in this area: the judge has to seek by all means which was the deceased’s will and when this lacks, he has to designate the best qualified person to decide of the funeral details. In the case at hand, the widow, who shared the deceased life for over 30 years and gave him four children was the best qualified person to settle down the funeral details.

See the decision: 2010-02-02 - Court of cassation, n. 10-11295.